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McSORLEY v. PA. TURNPIKE COMMISSION

390 Pa. 81 (1957)

McSorley v. Pennsylvania Turnpike Commission. Torrance v. Pennsylvania Turnpike Commission.

Supreme Court of Pennsylvania.

June 28, 1957.

Attorney(s) appearing for the Case

James H. Booser, with him Samuel A. Schreckengaust, Jr., Sterling G. McNees, and McNees, Wallace & Nurick, and Harold E. McCamey, and Dickie, McCamey, Chilcote, Reif & Robinson, for plaintiff, G. Franklin McSorley.

Ernest S. Burch, with him James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall for plaintiff, James F. Torrance.

Thomas D. McBride, Attorney General, with him Joseph L. Donnelly, Deputy Attorney General, Henry E. Harner, General Counsel, Pennsylvania Turnpike Commission, and Charles H. Stone, Legal Assistant, for defendants.

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

OPINION BY MR. CHIEF JUSTICE JONES, June 28, 1957:

These two actions in mandamus are before us on original jurisdiction. The proceedings were instituted in the Court of Common Pleas of Dauphin County by the respective plaintiffs each of whom is a member of the Pennsylvania Turnpike Commission which, with the three other members of the Commission, are the defendants. After the complaints and answers had been filed, the plaintiffs requested us by petition (joined in...

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