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JAMESON v. PITTSBURGH

381 Pa. 366 (1955)

Jameson v. Pittsburgh, Appellant.

Supreme Court of Pennsylvania.

April 18, 1955.

Attorney(s) appearing for the Case

J. Frank McKenna, Jr., City Solicitor, with him David Stahl, Assistant City Solicitor and Nicholas R. Stone, Solicitor for Pension Board, for appellants.

John A. Metz, Jr., with him Metz & Metz, for intervening appellants.

Paul R. Obert, for appellee.

Elder W. Marshall, with him Carl E. Glock, Jr. and Reed, Smith, Shaw & McClay, as amicus curiae.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, April 18, 1955:

In this action in equity defendants appeal from the order of the court below refusing their motion for judgment on the pleadings. Involved is the constitutionality of the Act of 1953, P.L. 1255, 53 PS § 9414 (d).1 Plaintiff-taxpayer of the city of Pittsburgh seeks to enjoin defendants "from taking any action pursuant to the term of said statute...

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