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LOWES v. PENNSYLVANIA TURNPIKE COMMISSION

Civ. A. No. 4890.

125 F.Supp. 681 (1954)

Norman M. LOWES, Elizabeth Lowes, and the Gibson Art Company v. PENNSYLVANIA TURNPIKE COMMISSION.

United States District Court M. D. Pennsylvania.

November 12, 1954.

Attorney(s) appearing for the Case

Hull, Leiby & Metzger, Harrisburg, Pa., for plaintiffs.

Metzger & Wickersham, Harrisburg, Pa., for defendant.

FOLLMER, District Judge.

Plaintiffs having filed their complaint against the Pennsylvania Turnpike Commission, it moved to dismiss as follows:

"1. To dismiss the action on the ground that the Court is without jurisdiction to entertain this action because it is, in substance and effect, against the Commonwealth of Pennsylvania which has not consented to be sued or waived its immunity from suit. "2. To dismiss the action because of improper venue...

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