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GINSBURG v. KOVRAK (03/24/58)

March 24, 1958

GINSBURG
v.
KOVRAK, APPELLANT.



Appeal, No. 278, Jan. T., 1957, from decree of Court of Common Pleas No. 6 of Philadelphia County, March T., 1956, No. 5458, in case of S. Regen Ginsburg et al. v. Stephen J. Kovrak. Decree affirmed.

COUNSEL

Filindo B. Masino, for appellant.

Richard E. McDevitt, with him Leon H. Kline, for appellees.

Andrew Hourigan, Jr., with him Rowlands, Hourigan, Kluger & Spohrer, filed a brief for Pennsylvania Bar Association under Rule 46.

Before Jones, C.j., Bell, Chidsey, Musmanno, Jones and Cohen, JJ.

[ 392 Pa. Page 144]

OPINION PER CURIAM

The Decree of the court below, couched substantially in the language of the Act of April 28, 1899, P.L. 117, as amended, 17 PS ยง 1608 (Supp.), enjoins the appellant, in effect: (1) from practicing law in Philadelphia County; (2) from holding himself out to the public as being entitled to practice law in that county; (3) from advertising in that county that he practices law or is authorized to practice law in any

[ 392 Pa. Page 145]

    state, nation, country or land. This injunction applies only so long as the appellant fails to secure admission to practice in a court of record in Philadelphia County.

It is readily apparent that the injunction is intended to, and does, prohibit only the maintenance of an office and the practice of law in Philadelphia County (and, of course, anywhere else in the Commonwealth of Pennsylvania). It in no way affects the appellant's right to engage in the practice of law in Washington, D.C. or to try cases in the United States District Court for the Eastern District of Pennsylvania or in any other federal court or jurisdiction where he may be entitled to practice.

Disposition

For this reason we conclude that the injunction infringes upon no federal rights guaranteed to the appellant by either the statutes or the Constitution of the United States and, accordingly, the decree is affirmed on the ...


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