PENNSYLVANIA C. C. CORP. v. DUNCAN-SPANGLER C. CO., 333 Pa. 272 (1939)

3 A.2d 356

Pennsylvania Coal Coke Corporation v. Duncan-Spangler Coal Company, Appellant.

Supreme Court of Pennsylvania.December 7, 1938.
January 9, 1939.

Argued December 7, 1938.

Before MAXEY, DREW, LINN, STERN and BARNES, JJ.

Appeal, No. 63, March T., 1939, from judgment of Superior Court, April T., 1939, No. 5, reversing the decree of C. P. Cambria Co., June T., 1935, No. 6, in equity, in case of Pennsylvania Coal Coke Corporation v. Duncan-Spangler Coal Company. Judgment affirmed.

Bill in equity. Before McKENRICK, J.

The facts are stated in the opinion of the Superior Court, reported in 132 Pa. Super. 533.

Decree entered dismissing bill. Plaintiff appealed to Superior Court which reversed the decree of the court below. Appeal by defendant allowed to Supreme Court.

Errors assigned related to the action of the Superior Court in sustaining plaintiff’s assignments of error, and to the entry of judgment for plaintiff.

Albert L. O’Connor, with him Edward Knuff and F. J. Hartmann, for appellant.

R. E. Farr, with him P. J. Little, for appellee.

PER CURIAM, January 9, 1939:

The judgment of the Superior Court is affirmed on the opinion of Judge CUNNINGHAM reported in 132 Pa. Super. 533.

Mr. Chief Justice KEPHART and Mr. Justice SCHAFFER did not participate in the decision in this case.

Page 273