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COM. ex rel. COSTA v. BOLEY

441 Pa. 495 (1971)

Commonwealth ex rel. Costa v. Boley, Appellant.

Supreme Court of Pennsylvania.

January 25, 1971.

Attorney(s) appearing for the Case

Harry F. Swanger, for defendant, appellant.

Roger J. Ecker, Assistant District Attorney, with him Jess D. Costa, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, January 25, 1971:

Appellant contests the granting of an ex parte preliminary injunction without notice or hearing. We vacate the injunction.

On December 16, 1970, the District Attorney of Washington County filed a complaint in equity, seeking an injunction against appellant. The complaint asserted that the District Attorney had been authorized by the Secretary of Health of the Commonwealth to obtain an injunction against appellant...

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