COMMITTEE OF SEVENTY ET AL. v. ALBERT ET AL.

No. 375 C.D. 1976.

33 Pa.Commw. 44 (1977)

Committee of Seventy et al. v. Sheldon Albert, Esq., City Solicitor of the City of Philadelphia, et al. Donald Barnhouse and Committee of Seventy, Appellants.

Commonwealth Court of Pennsylvania.

December 15, 1977.


Attorney(s) appearing for the Case

Robert J. Stern, with him Frederick L. Voigt, and Daniel P. Lynch, for appellants.

Tyler E. Wren, Assistant City Solicitor, with him Sheldon L. Albert, City Solicitor, for appellees.

Argued October 5, 1977, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, December 15, 1977:

By a complaint in equity upon which a rule to show cause was issued, appellants initiated proceedings in the Court of Common Pleas of Philadelphia County. They sought to preliminarily and permanently enjoin payment by the City of Philadelphia of attorney's fees incurred by the hiring of private counsel to represent F. Emmett Fitzpatrick, Esquire, District Attorney

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