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McILVAINE v. McKETTA et al.

1 Pa.Commw. 262 (1971)

Joseph F. McIlvaine v. Frank McKetta and Joseph J. Kelley, Jr.

Commonwealth Court of Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

Donald H. Lipson, with him Boyd H. Walker, and Walker, Walker & Thomas, for plaintiff.

Barry A. Roth, with him J. Shane Creamer, Attorney General, for defendant.

Argued January 20, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE ROGERS, March 18, 1971:

Joseph F. McIlvaine commenced this action by filing a petition for declaratory judgment under the provisions of the Act of 1923, June 18, P.L. 840, as amended and supplemented, 12 P.S. 831, et seq. The Attorney General of the Commonwealth of Pennsylvania appeared for the respondents, Frank McKetta and Joseph J. Kelley, Jr., and filed so-called Preliminary Objections...

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