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COMMONWEALTH v. TORO DEV. CO. et al.

Original jurisdiction No. 239 C.D. 1970; No. 240 C.D. 1970.

2 Pa.Commw. 429 (1971)

Commonwealth v. Toro Development Company and Ryan Homes, Inc. Commonwealth v. Toro Development Company and O'Block Homes, Inc.

Commonwealth Court of Pennsylvania.

July 7, 1971.

Attorney(s) appearing for the Case

Marvin A. Fein, Special Assistant Attorney General, for plaintiff.

Charles W. Herald, with him John D.S. Truxall and Truxall & Herald, for defendant Toro Development Company.

Robert C. McCartney, with him Eckert, Seamans & Cherin, for defendant Ryan Homes, Inc.

Ewing C. Bashor and John L. Chaffo, for defendant O'Block Homes, Inc.

Argued April 13, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE KRAMER, July 7, 1971:

These cases are within the original jurisdiction of the Commonwealth Court. They were instituted by the filing of two Complaints in Equity by the Commonwealth of Pennsylvania Department of Health (plaintiff) against Toro Development Company, defendant in both cases (Toro) and a single builder company in each of the two cases.

The plaintiff avers generally that Toro as a land developer with the aid of his agents (the other...

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