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CONSULTING E. COUN. OF PA. v. COM. OF PA.

No. 1468 C.D. 1988.

121 Pa.Commw. 595 (1988)

551 A.2d 380

Consulting Engineers Council of Pennsylvania, L. Robert Kimball t/d/b/a L. Robert Kimball and Associates, and Sanders and Thomas, Inc., Petitioners v. Commonwealth of Pennsylvania, State Architects Licensure Board and George L. Shevlin, Commissioner of Professional and Occupational Affairs, Respondents.

Commonwealth Court of Pennsylvania.

December 9, 1988.

Attorney(s) appearing for the Case

Victor P. Stabile, Dilworth, Paxson, Kalish & Kauffman, for petitioners.

Mary B. Seiverling, Deputy Attorney General, with her, John G. Knorr, III, Chief Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Kathryn Speaker MacNett, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., for Amicus Curiae, Pennsylvania Society of Architects.

Robert J. Shusterman, for Amicus Curiae, Elizabeth Lawson, AIA, et al.

Argued October 31, 1988, before Judges DOYLE and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, December 9, 1988:

Before the Court are cross-motions for summary judgment in a declaratory action addressed to the original jurisdiction of this Court pursuant to Section 761(a) of the Judicial Code, 42 Pa. C. S. §761(a). The Petitioners in this action are (a) the Consulting Engineers Council of Pennsylvania, a trade association representing approximately 120 consulting engineering firms in Pennsylvania, (b) L. Robert Kimball...

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