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HARRINGTON v. TATE et al.

435 Pa. 176 (1969)

Harrington v. Tate et al., Appellants.

Supreme Court of Pennsylvania.

June 27, 1969.

Attorney(s) appearing for the Case

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Frank J. Pfizenmayer, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for appellants.

Frank F. Truscott, with him Samuel Gorson, Otis W. Erisman, and Truscott & Erisman, for appellees.

Colbert C. McClain, for amici curiae.

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

OPINION BY MR. JUSTICE COHEN, June 27, 1969:

This is an appeal from a decree in equity which abolished the Philadelphia Police Advisory Board. The sole issue to be considered is whether the Philadelphia Home Rule Charter permits the mayor to establish such a board. In considering that the Board was improperly established, the chancellor strayed far from the legal issue both by accepting testimony and in substantiating his decision. We shall not do the same.

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