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SILVER SPRING TP. v. PENNSY SUPPLY

149 Pa.Commw. 314 (1992)

613 A.2d 108

SILVER SPRING TOWNSHIP, a municipal corporation, James Arthur Smith, Mary Louise Smith, Geneva B. Sunday, individually, and ABC Bowling Lanes, Inc., a corporation, on behalf of themselves and others similarly situated v. PENNSY SUPPLY, INC. Appeal of Geneva S. SUNDAY and putative Class Member, Helen E. Sullivan, Appellants.

Commonwealth Court of Pennsylvania.

Decided July 21, 1992.

Attorney(s) appearing for the Case

David C. Eaton and Lee C. Swartz, for appellants.

Scott W. Morgan, for appellee.

Before PALLADINO and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

On October 23, 1979, Silver Spring Township (Silver Spring), James Arthur Smith, Mary Louise Smith, Geneva A. Sunday and ABC Bowling Lanes, Inc., as representative plaintiffs, filed a complaint in equity against Pennsy Supply, Inc. (Pennsy) as a class action. The action was brought on behalf of a class comprised of themselves and those persons similarly situated who own properties and reside in residential neighborhoods

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