CTY. OF LACKAWANNA v. PATTON


283 Pa.Super. 169 (1980)

423 A.2d 1042

COUNTY OF LACKAWANNA, Appellant v. Thomas F. PATTON and Ralph Tyler, Jr., Trustees of the Property of Erie Lackawanna Railway Co.; John J. Weidner and Robert Romich.

Superior Court of Pennsylvania.

Filed December 19, 1980.


Attorney(s) appearing for the Case

James J. Ligi, County Sol., Scranton, for appellant.

Ronald M. Bugaj, Honesdale, for appellees.

Before SPAETH, STRANAHAN and SUGERMAN, JJ.


STRANAHAN, Judge:

This matter is an appeal from an order of the Court of Common Pleas of Lackawanna County dismissing the appellant's complaint for lack of subject matter jurisdiction. We affirm the lower court's ruling.

To properly evaluate this appeal, the following facts must be considered.

On June 26, 1972, the Erie Lackawanna Railway Company (hereinafter Erie Lackawanna), filed a petition in The United States District Court for The Northern District...

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