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COM. ex rel. SHUMAKER v. N.Y. & PA. CO., INC.

367 Pa. 40 (1951)

Commonwealth ex rel. Shumaker, Appellant v. New York & Pennsylvania Company, Inc.

Supreme Court of Pennsylvania.

March 19, 1951.

Attorney(s) appearing for the Case

Harry Alan Sherman, with him Clyde S. Shumaker, W.P. Geary, Francis X. McCulloch, and William D. Henning, for appellants.

Henry S. Drinker, with him John E. Walsh, Robert J. Trace, Special Deputy Attorney General, and Lewis H. Van Dusen, Jr., for appellees.

Before DREW, C.J., STERN, STEARNE, JONES, BELL and LADNER, JJ.

OPINION BY MR. JUSTICE LADNER, March 19, 1951:

This is an appeal from the decree of the Dauphin County Court dismissing plaintiffs' bill in equity for lack of jurisdiction of the court over the subject matter of the cause of action.

The action is in equity and was brought by the Commonwealth on relation of Clyde Shumaker, District Attorney of Butler County, and W.P. Geary, District Attorney of Clarion County, certain named persons individually and as officers...

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