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CITIES SERVICE OIL COMPANY v. UNION REAL ESTATE COMPANY (11/23/65)

SUPREME COURT OF PENNSYLVANIA


decided: November 23, 1965.

CITIES SERVICE OIL COMPANY
v.
UNION REAL ESTATE COMPANY, APPELLANT

Appeals from decree of Court of Common Pleas of Allegheny County, Jan. T., 1963, No. 804, in case of Cities Service Oil Company, Charles Birosack, trading and doing business as Eastwood Cities Service, and Charles J. Curry, trading and doing business as Curry's Service Station, v. Union Real Estate Company and Joseph Horne Company.

COUNSEL

Charles M. Grimstad, with him J. N. Poffinberger, Jr., and Kirkpatrick, Pomeroy, Lockhart and Johnson, for appellant.

David R. Levin, for appellants.

J. Craig Kuhn, with him Arnold D. Wilner, and Wilner, Wilner and Kuhn, for appellees.

Bell, C. J., Musmanno, Cohen, Eagen, O'Brien and Roberts, JJ. Concurring Opinion by Mr. Justice Cohen.

Author: Per Curiam

[ 420 Pa. Page 626]

Decree affirmed. Each party to pay own costs.

Disposition

Decree affirmed.

Concurring Opinion by Mr. Justice Cohen:

I would clarify the decree so that it would not be necessary to refer to the testimony to determine the extent of its application and the activities restrained.

19651123

© 1998 VersusLaw Inc.



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