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COONEY v. PA. OSTEOPATHIC ASSN.

434 Pa. 358 (1969)

Cooney v. Pennsylvania Osteopathic Association, Appellant.

Supreme Court of Pennsylvania.

May 9, 1969.

Attorney(s) appearing for the Case

Thomas D. Caldwell, with him Walter A. Dart, Jr., and Caldwell, Fox & Stoner, for appellant.

J.S. Jiuliante, Jr., for appellee.

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

OPINION BY MR. JUSTICE EAGEN, May 9, 1969:

In this action the plaintiff sought and gained a decree in the court below declaring him to be a valid honorary member of the Pennsylvania Osteopathic Association. For the reasons which follow, the decree must be vacated.

The action was instituted by the filing of a petition for a rule to show cause. This procedure was improper. A complaint in equity was the correct course to pursue: Garrett v. McHenry,

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