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STROUP et al. v. SCHONEK

Original jurisdiction, No. 38 C.D. 1972.

5 Pa.Commw. 257 (1972)

Stroup, et al. v. Schonek.

Commonwealth Court of Pennsylvania.

April 27, 1972.

Attorney(s) appearing for the Case

Bruce E. Cooper, with him Cooper, Friedman & Friedman, for plaintiffs.

Harold E. Kohn, Special Attorney, with him Barry A. Roth, Deputy Attorney General, Lawrence J. Beaser, Assistant Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendant.

Argued March 8, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge BLATT disqualified herself and did not participate.

PER CURIAM OPINION, April 27, 1972:

The legal issues involved herein are discussed and resolved by this Court in Stroup, et al. v. McNair, 5 Pa.Commw. 244, A. 2d (1972) (filed herewith).

ORDER

Now, April 27, 1972, the Preliminary Objections of the defendant are sustained and the plaintiffs' Complaint dismissed.

DISSENTING OPINION BY JUDGE MENCER:

I respectfully dissent. My reading of...

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