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ALBURGER ET AL. v. PHILA. ELEC. CO.

No. 2845 C.D. 1986.

112 Pa.Commw. 441 (1988)

535 A.2d 729

David and Joanne Alburger, et al., Appellants v. Philadelphia Electric Company, Appellee.

Commonwealth Court of Pennsylvania.

January 12, 1988.

Attorney(s) appearing for the Case

James M. Neill, for appellants.

Jeffrey S. Saltz, with him, Bernard Chanin, Wolf, Block, Schorr and Solis-Cohen, and Robert W. Valimont, Power, Bowen & Valimont, for appellee.

Argued June 9, 1987, before Judges CRAIG and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, January 12, 1988:

This is an appeal by sixteen landowners1 from an order of the Court of Common Pleas of Bucks County denying their motion for summary judgment and granting the motion of Philadelphia Electric Company (PECO) for summary judgment. Appellants sought to enjoin PECO's use of the upper reaches of the East Branch of the Perkiomen Creek...

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