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BIVINS v. PHILA. FED. OF TEACHERS

446 Pa. 19 (1971)

Bivins, Appellant, v. Philadelphia Federation of Teachers.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Peter Hearn, with him James T. Giles, and Pepper, Hamilton & Scheetz, for appellant.

Leonard M. Sagot, with him John J. Poserina, Jr., A. Martin Herring, and Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, for appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, December 20, 1971:

Decree affirmed. Each party to pay own costs.

Mr. Chief Justice BELL and Mr. Justice BARBIERI took no part in the consideration or decision of this case.

DISSENTING OPINION BY MR. JUSTICE POMEROY:

This appeal is from a final decree of the lower court sustaining appellees' preliminary objections to a complaint in equity, and dismissing the complaint. The preliminary objections were based on lack of jurisdiction...

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