NEW SHAWMUT MIN. CO. v. GORDON


427 Pa. 637 (1967)

New Shawmut Mining Company, Appellant, v. Gordon.

Supreme Court of Pennsylvania.

September 26, 1967.


Attorney(s) appearing for the Case

Sebastian C. Pugliese, with him Carl A. Belin, Sr., Carl A. Belin, Jr., Dan P. Arnold, and Belin & Belin, for appellants.

William H. Eckert, with him Cloyd R. Mellott, G. Kirby Herrington, James S. Berger, F. Cortez Bell, Jr., Edwin L. Klett, Harold J. Boulton, and Eckert, Seamans & Cherin, for appellees.

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


OPINION PER CURIAM, September 26, 1967:

Judgment affirmed.

DISSENTING OPINION BY MR. JUSTICE MUSMANNO:

The decision of this Court, speaking through a majority of the Justices, is an enigma, a baffling puzzle, and an inexplicable judgment. This Court condones the action of a court of common pleas which repudiates a decision of this Court. It then goes further and pins a bouquet on the lower court for its act of defiance by adopting the lower court's...

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