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B. HETHERINGTON et al. v. J.A. McHALE et al.

Original jurisdiction Nos. 555 C.D. 1973, 559 C.D. 1973 and 560 C.D. 1973.

10 Pa.Commw. 501 (1973)

Burton Hetherington, Earl Strite, G.W. Robinson, Duane Hartsell, T.A. Doebler, and Jay Coble, Plaintiffs, v. James A. McHale, Individually and as Secretary of Agriculture of the Commonwealth of Pennsylvania, Bernard Hammer, Individually and as Acting Executive Secretary of the Pennsylvania Harness Racing Commission, Henry Nixon, Individually and as Director of Plant Industry, Thomas L. Rowland, Individually and as Director of Planning, Research and Governmental Services, and Raymond J. Kerstetter, Individually and as Deputy Secretary of Agriculture of the Commonwealth of Pennsylvania, Defendants. Burton Hetherington, Earl Strite, G.W. Robinson, Duane Hartsell, T.A. Doebler, and Jay Coble, Plaintiffs, v. James A. McHale, Individually and as Secretary of Agriculture of the Commonwealth of Pennsylvania, and Robert P. Casey, as Auditor General of the Commonwealth of Pennsylvania, and Grace M. Sloan, as Treasurer of the Commonwealth of Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

November 2, 1973.

Attorney(s) appearing for the Case

K.L. Shirk, Jr., with him Shirk, Reist & Buckwalter, for plaintiffs.

Frank P. Lawley, Jr., for defendant, Robert P. Casey.

Lawrence Silver, Deputy Attorney General, with him Richard Orloski, Deputy Attorney General, and Israel Packel, Attorney General, for remaining defendants.

Edward C. Hussie, with him Stephen C. MacNett, for amicus curiae.

Argued June 4, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, November 2, 1973:

Understandably perplexed as to the appropriate form of action to be employed in this bizarre case, six of seventeen persons appointed to a statutorily created committee charged with administering certain agricultural research programs financed by the Pennsylvania Fair Fund brought actions in equity (No. 560 C.D. 1973), in quo warranto (No. 559 C.D. 1973) and in mandamus (No. 555 C.D. 1973), seeking to enjoin meetings...

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