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COMMONWEALTH v. SCHALL et al.

Appeal, No. 337 C.D. 1972.

6 Pa.Commw. 578 (1972)

Commonwealth v. Schall, et al.

Commonwealth Court of Pennsylvania.

November 30, 1972.

Attorney(s) appearing for the Case

Robert S. Adler, Special Assistant Attorney General, with him Joel Weisberg, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Allen N. Brunwasser, for appellees.

Argued October 31, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, November 30, 1972:

The narrow and novel issue raised in this appeal is whether the lower court erred in refusing to grant the Commonwealth an evidentiary hearing on its motion for preliminary injunction filed incident to its commencement of litigation by a complaint in equity.

The order appealed from is one which passes upon preliminary objections filed by defendants and which directs the case to be assigned for hearing on...

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