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STEWART APPEAL. (04/27/62)

THE SUPERIOR COURT OF PENNSYLVANIA


April 27, 1962

STEWART APPEAL.

Appeal, No. 335, Oct. T., 1961, from order of Court of Quarter Sessions of Philadelphia County, June T., 1961, in re petition of John Stewart et al. Appeal quashed.

COUNSEL

Herbert A. Fogel, with him Perrin C. Hamilton, for appellants.

David Berger, City Solicitor, with him Clyde W. McIntyre, Assistant to the City Solicitor, James L. Stern, Deputy City Solicitor, Levy Anderson, First Deputy City Solicitor, for appellee.

Edward L. Snitzer, Milton C. Sharp, and Howard E. Stern, for Redevelopment Authority, under Rule 46.

Before Ervin, Wright, Woodside, Watkins, and Flood, JJ. (rhodes, P.j., and Montgomery, J., absent).

Author: Per Curiam

[ 198 Pa. Super. Page 39]

OPINION PER CURIAM

At approximately the same time that this appeal was taken to our Court, and appeal in a companion case involving the same matter was taken to the Supreme Court. We heard arguments on the merits, on a motion to quash and on a suggestion to transfer the appeal to the Supreme Court, but we took no further action pending the disposition of the appeal to the Supreme Court. That Court has now decided that memorialists have no right of appeal from an order of a Court of Quarter sessions refusing a request for a special grand jury investigation. Hamilton Appeal, 407 Pa. 366, 180 A.2d 782 n.2 (1962). There would be no purpose in our certifying this case to the Supreme Court as that Court has decided that there is no right of appeal.

Disposition

Appeal quashed.

19620427

© 1998 VersusLaw Inc.



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