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HULSIZER v. LABOR DAY COMMITTEE, INC.

557 Pa. 467 (1999)

734 A.2d 848

Clayton HULSIZER, an Agent of the Pennsylvania Society for the Prevention of Cruelty to Animals, Appellant, v. LABOR DAY COMMITTEE, INC., Appellee. Clayton Hulsizer, an Agent of the Pennsylvania Society for the Prevention of Cruelty to Animals v. Labor Day Committee, Inc. Appeal of Clayton Hulsizer, an agent of the Pennsylvania Society for the Prevention of Curelty to Animals, and the Pennsylvania Society for the Prevention of Cruelty to Animals.

Supreme Court of Pennsylvania.

Decided July 21, 1999.

Reargument Denied August 13, 1999.

Attorney(s) appearing for the Case

Gordon A. Einhorn, Harrisburg, for Clayton Hulsizer, et al.

Katherine A. Meyer, Washington, DC, Pro Hac Vice.

Howard M. Crystal, Pro Hac Vice.

James P. Diehl, Chester C. Corse, Jr., Pottsville, for Labor Day Committee, Inc.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA).

In May of 1997, Hulsizer, an agent of the PSPCA, filed this action in...

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