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PA. GAMEFOWL B.A. v. COM. OF PA.

No. 917 C.D. 1987.

122 Pa.Commw. 52 (1988)

551 A.2d 361

Pennsylvania Gamefowl Breeders Association, Bruce Kinsinger, President, and Jose Lopez, Jr., Petitioners v. Commonwealth of Pennsylvania, LeRoy Zimmerman, Attorney General of the Commonwealth of Pennsylvania and Henry S. Kenderdine, Jr., District Attorney of Lancaster County; Humane League of Lancaster County; Ronald D. Castille, District Attorney of Philadelphia County, and Pennsylvania Society for the Prevention of Cruelty to Animals, Respondents.

Commonwealth Court of Pennsylvania.

December 8, 1988.

Attorney(s) appearing for the Case

Ken Gormley, Mansmann, Cindrich & Titus, for petitioners.

Joseph S. Sabadish, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued October 9, 1987, before Judges BARRY and PALLADINO, and Senior Judge NARICK, sitting as a panel of three. Reargued September 16, 1988, before Judges DOYLE and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 8, 1988:

Before us in this case are preliminary objections to the Pennsylvania Gamefowl Breeders Association's (Petitioner) amended petition for review in the nature of a declaratory judgment. For the reasons which follow, we sustain the preliminary objections and dismiss the petition for lack of jurisdiction.

Petitioner filed a petition for review in the nature of a declaratory judgment in this court's original jurisdiction...

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