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COM. OF PA. DEPT. OF WELFARE v. GARLAND

393 Pa. 45 (1958)

Commonwealth of Pennsylvania, Department of Welfare, Appellant, v. Garland.

Supreme Court of Pennsylvania.

May 26, 1958.

Attorney(s) appearing for the Case

Jerome H. Gerber, Deputy Attorney General, with him Herbert S. Levin, Special Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellant.

Maxwell L. Davis, with him Herman S. Davis, and Davis & Davis, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 26, 1958:

A narrow issue is presented on this appeal: does an equity court have discretion to refuse an injunction where the Department of Welfare submits evidence that a private convalescent home is being operated without a license issued by the Department?

Florence Garland, the appellee, since 1950 has been operating a private convalescent home for the aged

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