ROSENWALD v. BARBIERI ET AL.

No. 66 T.D. 1980.

72 Pa.Commw. 49 (1983)

Lawrence William Rosenwald, individually and on behalf of all constables in Montgomery County and the Commonwealth of Pennsylvania, Petitioner v. Alexander Barbieri, Court Administrator of Pennsylvania et al., Respondents. Pennsylvania State Constable Association, Inc., Intervening Party Respondent.

Commonwealth Court of Pennsylvania.

February 14, 1983.


Attorney(s) appearing for the Case

Robert Morris Cohen, for petitioner.

Howland W. Abramson, with him Charles W. Johns, for respondents, Richard Lowe, James L. O'Brien and Alexander F. Barbieri.

Marc G. Brecher, Deputy Attorney General, with him John O.J. Shellenberger, Deputy Attorney General, Eastern Regional Director, and LeRoy S. Zimmerman, Attorney General, for respondent, Harvey Bartle, III.

John P. Gregg, with him Gilbert P. High, Jr., High, Swartz, Roberts & Seidel, for respondents, Robert Hannum and Commissioners of Cheltenham Township.

Kevin P. O'Neill, with him Donald S. Guthrie and Roger Dale Morris, Jones, Guthrie, Strohm, Morris & Broadt, for intervening party respondent, Pennsylvania State Constables Association.

Argued September 14, 1982, before President Judge CRUMLISH, JR., and Judges ROGERS, BLATT, CRAIG and DOYLE.


OPINION BY JUDGE BLATT, February 14, 1983:

Before us are the respondents' preliminary objections to an amended complaint filed by petitioner Lawrence William Rosenwald individually and on behalf of all constables in Montgomery County and the Commonwealth of Pennsylvania.

A trespass action was filed in the Court of Common Pleas of Montgomery County, Pennsylvania, in which Gene Reuben sued the petitioner and James L. O'Brien for libel and negligent infliction...

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