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KISTLER v. FALLER. (09/26/60)

September 26, 1960

KISTLER, APPELLANT,
v.
FALLER.



Appeal, No. 131, Jan. T., 1960, from decree of Court of Common Pleas of Cumberland County, June T., 1953, No. 10, in equity, in case of Jean Kistler, now known as Jean Greene, individually and as a stockholder of the Mt. Holly Water Company v. Elizabeth B. Faller, executrix of the last will and testament of John D. Faller, Jr. et al. Decree affirmed. Equity. Adjudication filed dismissing complaint, exceptions to adjudication dismissed and decree entered, opinion by DAVIS, P.J., and HIMES, P.J., specially presiding.

COUNSEL

Bernard R. Selkowe, of the New York Bar, with him E. C. Marianelli, for appellant.

Hermas L. Weary, for appellees.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Eagen, JJ.

[ 401 Pa. Page 193]

OPINION PER CURIAM

The chancellor's findings of fact, which, on exceptions thereto, were affirmed by the court en banc, are supported by substantial evidence and justify the legal conclusion reached.

Disposition

Decree affirmed. Appellant to pay costs.

19600926

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