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S.E. PA. TRANS. AUTH. v. PHILA. TRANS. CO.

426 Pa. 418 (1967)

Southeastern Pennsylvania Transportation Authority v. Philadelphia Transportation Company, Appellant.

Supreme Court of Pennsylvania.

July 27, 1967.

Attorney(s) appearing for the Case

Arnold R. Ginsburg and Philip Price, with them Robert M. Landis, and Dechert, Price & Rhoads, for appellants.

Edward G. Bauer, Jr., City Solicitor, with him Matthew W. Bullock, Jr., Second Deputy City Solicitor, for City of Philadelphia, appellee.

William T. Coleman, Jr. and Lewis H. Van Dusen, Jr., with them Richardson Dilworth, J. Alan Kugle, David P. Bruton, and Dilworth, Paxson, Kalish, Kohn & Levy, and Drinker, Biddle & Reath, for appellee.

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

OPINION PER CURIAM, July 27, 1967:

Decree affirmed.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

In view of the decision in the declaratory judgment action between the same parties, decided today, the issues raised by this appeal have become moot. I would therefore dismiss this appeal without expressing any views as to the propriety of the restraining order.

Mr. Chief Justice BELL and Mr. Justice O'BRIEN...

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