PAYNE ET AL. v. KASSAB ET AL.

No. 1061 C.D. 1971.

14 Pa.Commw. 490 (1974)

Now, July 26, 1974, the Order of the Unemployment Compensation Board of Review as to the claim of Lottie C. Dingel is hereby affirmed. Marion Woodward Payne, Sara Wolfe Bell, Lea M. Csala, Frances Phelps Waller, Rachael W. Gutman, Anthony J. Mussari, Barbara B. Albert, Magdalene Dysleski, Stella M. Moat, Elizabeth C. Miner, George Loveland, Esquire, Carolyn H. Reif, Judith L. Reishtein, Anthony J. Walaitis, and Stella Walaitis, His Wife, and The Wilkes College Students' Committee for a Clean Environment, by Mark Chamberlain, Trustee Ad Litem, Plaintiffs, v. Jacob G. Kassab, Individually and as Secretary of the Pennsylvania Department of Transportation, and the Commonwealth of Pennsylvania, Department of Transportation; City of Wilkes-Barre, John B. McGlynn, Mayor, Marjorie Bart, Robert P. Brader, John V. Morris, Kenneth Remensnyder, Con Salwoski and Joseph A. Williams, Councilmen of the City of Wilkes-Barre, Luzerne County, Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

July 26, 1974.


Attorney(s) appearing for the Case

James F. Geddes, Jr., with him F. Charles Petrillo, for plaintiffs.

Gregory S. Ghen, Assistant Attorney General, with him David A. Johnston, Jr., Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for Commonwealth, defendants.

Malcolm M. Limongelli, with him Chester B. Muroski, for Wilkes-Barre, defendants.

Argued June 5, 1974, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.


OPINION BY JUDGE MENCER, July 26, 1974:

The several individuals, citizens of the City of Wilkes-Barre, and a group of students attending Wilkes College in Wilkes-Barre, who are the plaintiffs in this equity action, filed exceptions to the Adjudication and Decree Nisi of this Court, reported as Payne v. Kassab, 11 Pa.Commw. 14, 312 A.2d 86 (1973). We there dismissed...

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