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ROOT, PLNTF v. PITTENGER ET AL.

No. 191 C.D. 1974.

16 Pa.Commw. 517 (1974)

Margaret Root, Plaintiff, v. John C. Pittenger, Robert C. Baldis, Frank N. Happ, Fred M. Heddinger, John D. Killian, Edward Smith and Robert F. Ward, as members of the Public School Employees' Retirement Board, and Thomas H. Reniers, Defendants.

Commonwealth Court of Pennsylvania.

December 23, 1974.

Attorney(s) appearing for the Case

Michael Brodie, with him Pechner, Sacks, Dorfman, Rosen & Richardson, for plaintiff.

Burton D. Morris, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Argued December 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, December 23, 1974:

By preliminary objections to plaintiff's complaint in quo warranto, defendants assert that exclusive original jurisdiction over the cause of action asserted lies with the Supreme Court of Pennsylvania and that this is so notwithstanding a per curiam Order of that Court dated April 29, 1974, stating "[o]riginal jurisdiction refused"1 involving the same parties and the same cause...

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