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SHUEY v. LEBANON COUNTY

413 Pa. 285 (1964)

Shuey v. Lebanon County, Appellant.

Supreme Court of Pennsylvania.

January 9, 1964.

Attorney(s) appearing for the Case

Paul H. Rhoads, with him Frank A. Sinon, Henry W. Rhoads, Earl L. Brubaker, County Solicitor, and Rhoads, Sinon & Reader, for appellants.

Philip S. Davis, with him Stanley W. Katz, and Davis & Katz, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, January 9, 1964:

The petition for original jurisdiction is dismissed. The petition for certiorari was granted because of an apparent emergency. After argument, the preliminary objections are sustained and the complaint is dismissed without prejudice. Each party to pay own costs.

DISSENTING OPINION BY MR. JUSTICE COHEN:

The writ of certiorari having been improvidently granted, I would remand the record to the court below. Appellant...

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