BLGTN. HOMES, ET AL., APLNTS., v. KASSAB, ET AL.

Nos. 596, 598, 502, 806, 854, 913 and 914 C.D. 1974.

17 Pa.Commw. 329 (1975)

Burlington Homes, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Standard Coach Company, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Redman Mobile Homes, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Astro Manufacturing Co., Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Newport Homes, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Herrli Industries, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant. Poloron Homes of Pennsylvania, Inc., Plaintiff, v. Jacob Kassab, Secretary, Department of Transportation, Commonwealth of Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

February 6, 1975.


Attorney(s) appearing for the Case

Arthur R. Littleton, with him R. Bruce Whitney and Morgan, Lewis & Brockius, for plaintiffs.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for defendant.

Argued November 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS and BLATT. Judges KRAMER and WILKINSON, JR. did not participate.


OPINION BY JUDGE CRUMLISH, JR., February 6, 1975:

Before us are the preliminary objections by defendant, Jacob Kassab, then Secretary of the Pennsylvania Department of Transportation, to complaints in mandamus filed by plaintiffs, Pennsylvania-based manufacturers of mobile homes, in which they seek to compel defendant to exercise the discretion vested in him by Section 905(a) of The Vehicle Code1 and the departmental regulations promulgated...

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