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PA. STATE LDG., F.O.P. v. PA. ST. POLICE

No. 1096 C.D. 1987.

112 Pa.Commw. 202 (1987)

535 A.2d 270

The Pennsylvania State Lodge of the Fraternal Order of Police, by and through its Trustee Ad Litem, Francis P. Bascelli et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent.

Commonwealth Court of Pennsylvania.

December 29, 1987.

Attorney(s) appearing for the Case

Anthony C. Busillo, II, for petitioners.

Thomas B. York, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued November 17, 1987, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 29, 1987:

Petitioners seek injunctive and declaratory relief in our original jurisdiction.1 Respondent has filed preliminary objections in the nature of a demurrer, a challenge to our jurisdiction, the unavailability of declaratory judgment in the circumstances of this case, the lack of an actual controversy, the failure to join indispensable parties, the pendency of other actions and the Petitioners...

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