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SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. PHILADELPHIA TRANSPORTATION COMPANY (11/29/65)

decided: November 29, 1965.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY
v.
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT



Appeal from order of Court of Common Pleas No. 5 of Philadelphia County, June T., 1965, No. 971, in case of Southeastern Pennsylvania Transportation Authority and City of Philadelphia v. Philadelphia Transportation Company, Philadelphia Market Street Subway-Elevated Railway Company, Motor Real Estate Company et al.

COUNSEL

Ernest R. von Starck and Arthur Littleton, with them Robert H. Young, and Morgan, Lewis & Bockius, for appellants.

William T. Coleman, Jr. and Lewis H. Van Dusen, Jr., with them Richardson Dilworth, David P. Bruton, and Dilworth, Paxson, Kalish, Kohn & Dilks, and Drinker, Biddle & Reath, for appellees.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, with them Gerald Gornish, Assistant City Solicitor, for City of Philadelphia, appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Dissenting Opinion by Mr. Chief Justice Bell.

Author: Per Curiam

[ 419 Pa. Page 472]

This is a declaratory judgment proceeding seeking a determination: (1) of the validity and enforceability of a provision in a contract consummated in 1907, as amended, giving the City of Philadelphia the right to

[ 419 Pa. Page 473]

    purchase "all the property and franchises" of the Philadelphia Transportation Company; and, (2) the formula to be applied in determining the purchase price, as provided for in the contract.

This appeal, under the Act of March 5, 1925, P. L. 23, § 1, 12 P.S. § 672, questions the jurisdiction of the court to resolve the issues involved in a declaratory judgment proceeding.

Our examination of the record is convincing that the lower court properly overruled the jurisdictional objection, and that every issue, presently pertinent, is correctly and adequately answered in the excellent opinion of the court below.

Order affirmed.

Disposit ...


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