COM. OF PA. EX REL. ALLEG. CO. H. D. v. U. OF PGH.

No. 701 C.D. 1976.

26 Pa.Commw. 375 (1976)

Commonwealth of Pennsylvania ex rel. Allegheny County Health Department, Bureau of Air Pollution Control, Appellant v. University of Pittsburgh, Appellee.

Commonwealth Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Alexander J. Jaffurs, County Solicitor, with him James D. Belliveau, Special Assistant County Solicitor, for appellant.

Frank J. Lucchino, with him Lucchino, Gaitens & Hough, for appellee.

Submitted on briefs, July 7, 1976, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY JUDGE WILKINSON, September 27, 1976:

The issue before us is the adjudication of a petition to transfer by the appellee University of Pittsburgh. The appellant Commonwealth brought this action before a district justice alleging that the appellee had violated Article XVIII of the Rules and Regulations of the Allegheny County Health Department's Bureau of Air Pollution Control. A guilty verdict was reversed by the Allegheny County Court of Common Pleas. Upon...

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