COM. EX REL. ROTH v. KOZAKIEWICZ

No. 82 T.D. 1984.

86 Pa.Commw. 459 (1984)

Commonwealth of Pennsylvania ex rel. Reverend D. Douglas Roth, Petitioner v. Charles J. Kozakiewicz, Warden of the Allegheny County Jail, Respondent.

Commonwealth Court of Pennsylvania.

November 21, 1984.


Attorney(s) appearing for the Case

Thomas A. Crawford, Jr., for petitioner.

Roger C. Wiegand, with him, Kenneth C. Kettering, Reed, Smith, Shaw & McClay, for intervenor, Bishop Kenneth R. May etc.

Heard November 20, 1984, before Judges CRAIG and BARRY.


OPINION BY JUDGE CRAIG, November 21, 1984:

In these habeas corpus proceedings, this court must consider whether an equity court may use a conditional incarceration commitment as a sanction to enforce a preliminary injunction which bars a church pastor from functioning in a particular church, pursuant to the court's decision that his denomination has excluded him under its rules — or whether that sanction...

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