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COMMONWEALTH v. BAUDER ET AL. (11/14/58)

THE SUPERIOR COURT OF PENNSYLVANIA


November 14, 1958

COMMONWEALTH
v.
BAUDER ET AL., APPELLANTS.

Appeals, Nos. 405 and 406, Oct. T., 1958, from orders of Court of Quarter Sessions of Lehigh County, Jan. T., 1958, Nos. 109 and 120, in case of Commonwealth v. Milton Bauder, and Same v. Helen Mills. Orders affirmed.

COUNSEL

Harold E. Kohn, with him Morris Efron, George J. Joseph, Harry A. Kalish, William T. Coleman, Jr., Philip P. Kalodner, and Dilworth, Paxson, Kalish, Kohn & Dilks, for appellants.

Paul A. McGinley, District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

[ 188 Pa. Super. Page 426]

OPINION PER CURIAM

The orders of the court below are affirmed on the opinion of President Judge HENNINGER as reported in 14 Pa. D. & C.2d 571.

ING OPINION BY GUNTHER, J.:

Substantially for the reasons expressed in Commonwealth v. Taber, 188 Pa. Superior Ct. 415, 145 A.2d 908, and for the admitted discrimination which I consider arbitrary and in violation of the equal protection clause of the federal Constitution, I dissent.

WATKINS, J., joins in this dissent.

19581114

© 1998 VersusLaw Inc.



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