June 28, 1957
Appeal, No. 41, May T., 1957, from order of Court of Common Pleas of Dauphin County, Commonwealth docket, 1955, No. 122, in case of Malcolm B. Petrikin v. Weldon B. Heyburn, State Treasurer of the Commonwealth of Pennsylvania, and Charles R. Barber, Auditor General of the Commonwealth of Pennsylvania. Order reversed; reargument refused July 30, 1957.
Harry J. Rubin, Deputy Attorney General, with him, Thomas D. McBride, Attorney General, for appellants.
Sabato M. Bendiner, with him Mervin J. Hartman and Busser & Bendiner, for appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold and Jones, JJ.
[ 389 Pa. Page 599]
OPINION BY MR. JUSTICE MUSMANNO
This is a companion case to that of Smiley v. Heyburn, 389 Pa. 594, in which we today handed down an opinion reversing the order of the Court below. As the pleadings and issues raised in the instant case are identical with those raised in Smiley v. Heyburn, there is no need to repeat what we there said.
Order of the lower Court reversed.
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