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SPIERS v. CITY OF NEW CASTLE

No. 34.

50 Pa. D. & C. 2d 507 (1970)

Spiers v. City of New Castle

Common Pleas Court of Lawrence County, Pennsylvania.

July 23, 1970.

Attorney(s) appearing for the Case

James A. Caldwell, for plaintiffs.

James L. Scarazzo, Jr., Assistant City Solicitor, for defendants.

Richard J. Audino, Sherman K. Levine and Maurice Levinson, for amicus curiae.

LYON, J., July 23, 1970.

Before the court for determination is defendants' preliminary objection in the nature of a demurrer to the complaint initiating this mandamus action. The present issue arose on the pleadings, which consist of only a complaint and preliminary objection. In the demurrer, defendants contend that the complaint fails to state a legal cause of action.

The demurrer admits all facts averred in the complaint which are well pleaded, but not...

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