Equity — Preliminary injunction — Refusal — Appellate review.
On this appeal from a decree refusing a preliminary injunction in which it appeared that plaintiff asked for a preliminary injunction to enjoin the defendant borough and its officers from arresting plaintiff's agents and employees while excavating for surface coal on its leasehold in said borough; that the mining was being conducted in an area in which mining was prohibited by ordinance and the mining operations were started without securing a permit from the borough; that plaintiff asserted the illegality of the ordinance as reason for ignoring it; and it further appeared that there was no necessity for a preliminary injunction to preserve any status quo and that there was an adequate remedy at law to test the validity of the ordinance in question, it was Held that the decree should be affirmed.
OPINION PER CURIAM, June 27, 1955:
The Order appealed from is affirmed on the opinion of Judge MONTGOMERY.