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COM. ex rel. BLANC v. HERSCH

402 Pa. 626 (1961)

Commonwealth ex rel. Blanc, Appellant, v. Hersch.

Supreme Court of Pennsylvania.

March 13, 1961.

Attorney(s) appearing for the Case

Herbert G. Schick, with him Philip H. Ward, III, for appellant.

Mitchell S. Lipschutz, Solicitor, Board of Magistrates, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, March 13, 1961:

This action in mandamus seeking enforcement of an alleged public (as distinguished from private) right, was instituted in the court below by a volunteer group of citizens on the relation, and with the consent, of the District Attorney of Philadelphia County. The court, after argument, dismissed the complaint and counsel for the initiating citizens assumed to appeal the order of dismissal to this court without the...

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