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FOSDICK, APPELLANT v. THE PENNSYLVANIA RD. CO. ET AL., APPELLEES.

Supreme Court — Dismissal — No debatable constitutional question involved — Taxpayer's action to enjoin contract between city and railroad — To acquire portion of railroad right of way to widen street — Portion granted to railroad by ordinance reserved right to withdraw use by railroad — Reservation rescinded by subsequent resolution — Injunction denied — Due process.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.

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FOSDICK v. PENNSYLVANIA RD. CO
(Nov 5, 1941)