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VANCE ET UX. v. KASSAB ET AL.

No. 23 C.D. 1974.

15 Pa.Commw. 328 (1974)

Charles D. Vance and Patricia H. Vance, His Wife, Plaintiffs, v. Jacob G. Kassab, Secretary of the Department of Transportation of the Commonwealth of Pennsylvania and H.J. Williams Company, Defendants.

Commonwealth Court of Pennsylvania.

October 7, 1974.

Attorney(s) appearing for the Case

Paul L. Zeigler, with him Goldberg, Evans & Katzman, for plaintiffs.

Harry C. Jackson, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for defendant, Kassab.

Stuart M. Neely, with him Stetler & Gribbin, for defendant, H.J. Williams Company.

Argued September 5, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, October 7, 1974:

The plaintiffs, Charles D. Vance and Patricia H. Vance, his wife, seek our order restraining the Secretary of the Department of Transportation and H.J. Williams Company, a road builder, from constructing a pipe to drain water from a township road. The defendants have filed preliminary objections in the nature of demurrers raising the Commonwealth's and the Secretary's constitutional immunity from suit.

A demurrer,...

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