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WARNER et al. v. CORTESE

Appeal, No. 62 Tr. Dkt. 1971.

5 Pa.Commw. 51 (1972)

Warner, et al. v. Cortese.

Commonwealth Court of Pennsylvania.

March 10, 1972.

Attorney(s) appearing for the Case

Miles Warner, with him Thomas J. McCormack and Warner & McCormack, for appellants.

W. Clark Hanna, for appellee.

Argued February 9, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, March 10, 1972:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County refusing the appellants' motion for a summary judgment and granting summary judgment to the appellee. The appeal was first taken to the Supreme Court, but by an order dated November 8, 1971, it was transferred to this Court.

The appellants instituted an action in mandamus against...

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