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MAINS v. FULTON ET AL. (04/23/69)

decided: April 23, 1969.

MAINS
v.
FULTON ET AL., APPELLANTS



Appeal from decree of Court of Common Pleas of Allegheny County, July T., 1967, No. 3168, in case of Charles W. Mains et al. v. James C. Fulton et al.

COUNSEL

James C. Evans, for appellants.

Andrew L. Weil, with him Egler, McGregor & Reinstadtler, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 434 Pa. Page 543]

While this Court affirms the decree of the court below, we feel that the imposition of damages is not dictated by the equities in the case.

[ 434 Pa. Page 544]

The decree is modified by striking the award of damages and as modified affirmed. Each party to pay own costs.

Disposition

Decree as modified affirmed.

19690423

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