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RIEK v. BINNIE

352 Pa.Super. 246 (1986)

507 A.2d 865

Eugene T. RIEK and Cecelia L. Riek, Husband and Wife, and Edward R. Mindyas and Josephine E. Mindyas, Husband and Wife, Appellees, v. Willit P. BINNIE and Betty Binnie, Appellants.

Supreme Court of Pennsylvania.

Filed April 8, 1986.

Attorney(s) appearing for the Case

Kevin L. Sanders, Assistant Public Defender, Johnstown, for appellants.

James F. O'Malley, Johnstown, for appellees.

Before OLSZEWSKI, POPOVICH and MONTGOMERY, JJ.

MONTGOMERY, Judge:

The Plaintiff-Appellees instituted this action seeking a declaratory judgment with regard to the rights of the Defendant-Appellees to use a private road in Westmont Borough, Cambria County, for ingress and egress. The Appellees own properties on either side of the private drive, known as Francis Alley, and sought to prevent the Appellants from using that road for ingress and egress. Property...

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