HOLLINGER, ET AL., PLTFS. v. D. P. W., ET AL.

No. 950 and 951 C.D. 1974.

19 Pa.Commw. 74 (1975)

Rosemary Hollinger and E. Elizabeth Miller, Plaintiffs, v. The Department of Public Welfare of the Commonwealth of Pennsylvania, Helene Wohlgemuth, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, The Office of Administration of the Commonwealth of Pennsylvania, Frank Beal, Secretary of the Office of Administration of the Commonwealth of Pennsylvania, The Joint Bargaining Committee of The Pennsylvania Employment Security Employes' Association and the Pennsylvania Social Services Union, Pa. Security Employes Association, AFL-CIO, Pa. Social Services Union, AFL-CIO, and Service Employes International Union, AFL-CIO, Defendants. John Mook, E. Gail Zeigler, Verna L. Schaefer, Maria A. Contino, Kenneth E. Schaefer, Jonathan Witmer, Dorothy Riffle, John P. Showers, Elliott E. Smith, Freda Abers, Lois Scheiffley, William E. Graffius, and Rosemary Caolo, Plaintiffs, v. Milton J. Shapp, Governor of the Commonwealth of Pennsylvania, The Department of Public Welfare of the Commonwealth of Pennsylvania, Helene Wohlgemuth, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, The Office of Administration of the Commonwealth of Pennsylvania, Frank Beal, Secretary of the Office of Administration of the Commonwealth of Pennsylvania, The Joint Bargaining Committee of the Pennsylvania Employment Security Employes' Association and the Pennsylvania Social Services Union, Pa. Security Employes Association, AFL-CIO, Pa. Social Services Union, AFL-CIO, and Service Employes International Union, AFL-CIO, Defendants.

Commonwealth Court of Pennsylvania.

May 15, 1975.


Attorney(s) appearing for the Case

Thomas A. Beckley, with him Craig W. Bremer and Beckley & Grove, for plaintiffs.

Stephen A. Sheller, with him Astor & Weiss, for defendant, Unions.

Gerry J. Elman, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, Robert P. Kane, Attorney General, for defendant, Commonwealth.

Jerome H. Gerber. with him James L. Cowden, and Handler, Gerber & Weinstock, for amicus curiae, Pennsylvania State AFL-CIO.

Argued February 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. J. WILKINSON, JR. did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, May 15, 1975:

Before us are preliminary objections by defendants to plaintiffs' complaints in equity in two closely related cases which we will dispose of in one opinion.

In each case defendants assert a want of jurisdiction in equity because plaintiffs in each case enjoy an adequate remedy at law. Within the context of resolving this issue we accept as true all well-pleaded averments of fact in the respective plaintiffs...

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