PHILADELPHIA v. SACKS


418 Pa. 193 (1965)

Philadelphia, Appellant, v. Sacks.

Supreme Court of Pennsylvania.

May 25, 1965.


Attorney(s) appearing for the Case

Levy Anderson, First Deputy City Solicitor, with him William G. Klenk, II, Assistant City Solicitor, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.

Thomas A. Masterson, with him Gregory M. Harvey, and Morgan, Lewis & Bockius, for appellee.

Edward R. Becker, with him Stanley M. Greenberg, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, May 25, 1965:

The City of Philadelphia appeals from a final Order of the Court below which dismissed the City's petition for a declaratory judgment because a quo warranto proceeding had been brought by the Attorney General in the Commonwealth Court in Dauphin County to determine the basic questions which the City sought to raise in its suit. The City, asserting that the Court's denial of its petition for a declaratory judgment raised...

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