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FEDORKO PROPERTIES, INC. v. C.F. ZURN & ASSOCIATES

720 A.2d 147 (1998)

FEDORKO PROPERTIES, INC., Appellee, v. C.F. ZURN & ASSOCIATES, Appellant.

Superior Court of Pennsylvania.

Filed November 17, 1998.

Attorney(s) appearing for the Case

Darrel Vandeveld, Erie, for appellant.

Kevin Colosimo, Erie, for appellee.

Before EAKIN, SCHILLER and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

Defendant, C.F. Zurn & Associates ("Zurn") appeals the February 3, 1998 order granting Fedorko Properties, Inc. ("Fedorko") a preliminary injunction for exclusive use of the right of way easement set forth in Erie County Contract Book 0494, pages 1494-1500. We reverse the decision of the lower court and deny Fedorko's petition for a preliminary injunction enforcing Fedorko's right to the exclusive use of said easement.

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