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COM. ex rel. CARROLL v. TATE et al.

442 Pa. 45 (1971)

Commonwealth ex rel. Carroll v. Tate et al., Appellants.

Supreme Court of Pennsylvania.

February 16, 1971.

Attorney(s) appearing for the Case

Henry T. Reath, with him Duane, Morris & Heckscher, for petitioners.

Levy Anderson, City Solicitor, with him John B. Day, Assistant City Solicitor, Joseph Ominsky, Deputy City Solicitor, and Matthew W. Bullock, Jr., First Deputy City Solicitor, for respondents.

Thomas N. O'Neill, Jr., and Montgomery, McCracken, Walker & Rhoads, for Board of Governors of Philadelphia Bar Association.

Andrew Hourigan, Jr., with him Richard M. Goldberg, and Hourigan, Kluger & Spohrer, for Pennsylvania Bar Ass'n, amicus curiae.

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

OPINION BY MR. CHIEF JUSTICE BELL, February 16, 1971:

On June 16, 1970, President Judge Vincent A. CARROLL, individually and on behalf of all of the Judges of the Court of Common Pleas of Philadelphia, instituted this suit by a Complaint in Mandamus to compel the Mayor and City Council of Philadelphia to appropriate the additional funds requested by them for the important and necessary administration of the Court of Common...

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