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KEYSTONE FUNERAL DIR. v. CALVARY CEMETERY

429 Pa.Super. 385 (1993)

632 A.2d 909

KEYSTONE FUNERAL DIRECTORS ASSOCIATION, Appellant, v. CALVARY CEMETERY ASSOCIATION, Calvary Family Services, Inc., Daniel R. Myers, Anthony P. Scaglione, Vincent Good, and Theodore J. Feller.

Superior Court of Pennsylvania.

Filed October 22, 1993.

Attorney(s) appearing for the Case

Marcia L. Cooper, Pittsburgh, for appellant.

Frank P. Clark, Harrisburg, for Calvary Cemetery & Calvary Family, appellees.

Benjamin H. Claar, Jr., Hollidaysburg, for Myers, Scaglione, Good & Feller, appellees.

Before OLSZEWSKI, HOFFMAN and BROSKY, JJ.

BROSKY, Judge.

This is an appeal from an order granting preliminary objections and dismissing appellant's complaint in equity. One issue is presented for our resolution, whether the court of common pleas, sitting in equity, has jurisdiction to enjoin individuals pursuant to 63 P.S. § 479.12 prior to a determination of the State Board of Funeral Directors that the individuals are in violation of the Funeral Directors Law? We vacate and remand.

Appellant...

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