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SWEENEY v. TATE

420 Pa. 45 (1966)

Sweeney, Appellant, v. Tate.

Supreme Court of Pennsylvania.

January 17, 1966.

Attorney(s) appearing for the Case

Edward R. Becker, with him L. Carter Anderson, Peter O. Clauss, Ellis A. Horwitz and William A. Meehan, for appellants.

Edward G. Bauer, Jr., City Solicitor, with him Gerald Gornish, Assistant City Solicitor, Joseph J. Carlin, Deputy City Solicitor, Matthew W. Bullock, Jr., Second Deputy City Solicitor, and Levy Anderson, First Deputy City Solicitor, for appellees.

Tyson W. Coughlin and Edward E. Russell, for amicus curiae.

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

OPINION BY MR. JUSTICE COHEN, January 17, 1966:

This action in equity seeks to prevent officials of the City of Philadelphia from making effective the provisions of an ordinance which abolished the Registration Commission and transferred its function to the City Commissioners.

The lower court dismissed the complaint after it sustained the demurrer and in effect held that the ordinance adopted by the City Council of Philadelphia pursuant to the Act of August...

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