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BETHEL PARK BOROUGH v. LOWY ET UX. (06/07/68)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 7, 1968.

BETHEL PARK BOROUGH
v.
LOWY ET UX., APPELLANTS

Appeal from order of County Court of Allegheny County, No. C 2298 of 1967, in case of Borough of Bethel Park v. Paul M. Lowy et ux.

COUNSEL

G. N. Evashavik, with him Parker, Evashwick & Brieger, for appellants.

Owen B. McManus, with him Brandt, Riester, Brandt and Malone, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, and Hannum, JJ. (Hoffman and Spaulding, JJ., absent). Concurring Opinion by Montgomery, J.

Author: Per Curiam

[ 212 Pa. Super. Page 228]

Order affirmed.

Disposition

Order affirmed.

Concurring Opinion by Montgomery, J.:

I concur with the majority in affirming the lower court with a per curiam order for the reason that it is not within our power to review this case on its merits. Under Commonwealth v. Hanzlik, 191 Pa. Superior Ct. 460, 157 A.2d 97 (1960), and the Act of August 14, 1963, P. L. 819, § 1, 17 P.S. § 184-184.1(pp), discussed in Philadelphia v. Dortort, 205 Pa. Superior Ct. 211, 208 A.2d 797 (1965), our review of such matters is within the limits of certiorari. Within those limits I find no error in this record.

19680607

© 1998 VersusLaw Inc.



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