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RETAIL MASTER BAKERS ASSOCIATION WESTERN PENNSYLVANIA v. ALLEGHENY COUNTY. (05/23/60)

May 23, 1960

RETAIL MASTER BAKERS ASSOCIATION OF WESTERN PENNSYLVANIA, APPELLANT,
v.
ALLEGHENY COUNTY.



Appeals, Nos. 129, 130, 131, 132, 133 and 134, March T., 1959, from order of Court of Common Pleas of Allegheny County, Oct. T., 1958, No. 1075, in case of The Retail Master Bakers Association of Western Pennsylvania et al. v. County of Allegheny et al. Order affirmed.

COUNSEL

William H. Markus, with him Elmer A. Barchfeld, and Robert C. Riethmuller, for appellants.

Joseph H. Ridge, Assistant County Solicitor, with him James Victor Voss, Assistant County Solicitor, and Maurice Louik, County Solicitor, for appellees.

Thomas V. Lefevre, Kenneth Souser, and Morgan, Lewis & Bockius, for Pennsylvania Bakers Association, under Rule 46.

Alan Miles Ruben, Deputy to the City Solicitor, with him Isadore Kranzel, Assistant City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, amicus curiae.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 400 Pa. Page 2]

OPINION BY MR. JUSTICE BOK.

By its Act of May 22, 1933, P.L. 912, 43 PS § 403 et seq., known as the Bakery Act, the Legislature conferred on the State Department of Agriculture the power to regulate and control bakeries.

[ 400 Pa. Page 3]

By its Act of August 24, 1951, P.L. 1304, 16 PS § 12001 et seq., known as the Local Health Administration Law, the Legislature gave to the counties of the State the power to regulate public health within their boundaries.

The Allegheny County Health Department was created in 1957 under the Act of 1951 and adopted rules and regulations controlling bakeries in that county.

Various bakers and Bakers' Associations, plaintiffs here, filed a complaint in equity to restrain the County and its appropriate officials, defendants, from enforcing the local rules and regulations, to declare them void, and the Allegheny County Health Department to be without authority or jurisdiction to act. Defendants filed preliminary ...


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