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COMMONWEALTH OF PENNSYLVANIA v. BROWN

Civ. A. No. 39404.

260 F.Supp. 358 (1966)

COMMONWEALTH OF PENNSYLVANIA, Attorney General of the Commonwealth of Pennsylvania, City of Philadelphia, and Alan Levi Bond, by his mother, Mrs. Ruby Bond, Charles William Hicks and Theodore Lewis Hicks, by their mother, Mrs. Marie Hicks, James Scruggs and Henry Scruggs, by their mother, Mrs. Ardella Scruggs, and Tyrone Karl White and Terry Sherwood White, by their mother, Mrs. Charlotte L. White, on behalf of themselves and all others similarly situated, Plaintiffs, v. Revelle W. BROWN et al., Trustees of the Estate of Stephen Girard, Defendants.

United States District Court E. D. Pennsylvania.

November 2, 1966.

Attorney(s) appearing for the Case

William T. Coleman, Jr., of Dilworth, Paxson, Kalish, Kohn & Dilks, Drinker, Biddle & Reath, by Charles J. Biddle and Cuthbert H. Latta, J. Alan Kugle, Sp. Counsel, Philadelphia, Pa., for plaintiffs.

Edward G. Bauer, Jr., City Sol., Matthew W. Bullock, Jr., Deputy City Sol., Philadelphia, Pa., for City of Philadelphia.

Morgan, Lewis & Bockius, by Arthur Littleton, John Russell, Jr., Ernest R. vonStarck and Richard P. Brown, Jr., Thomas J. Gaffney, of Gaffney & Gaffney, Philadelphia, Pa., for defendants.

Harrison Kildare, of Rawle & Henderson, Philadelphia, Pa., William D. Valente, Villanova, Pa., Jerome J. Shestack, of Schnader, Harrison, Segal & Lewis, Murray H. Shusterman and Leon I. Mesirov, Philadelphia, Pa., for amici curiae.

INTRODUCTION

JOSEPH S. LORD, III, District Judge.

After we had previously denied defendants' motion to dismiss under F.R. Civ.P. 12, holding that count three of the complaint stated a cause of action, Commonwealth of Pennsylvania et al. v. Brown et al., 260 F.Supp. 323 (E.D.Pa., 1966), plaintiffs moved for a preliminary injunction under that count. A hearing was held and because the evidence adduced there was exhaustive...

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