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MOORE v. NATIONAL ASSOCIATION FOR ADVANCEMENT COLORED PEOPLE (04/24/67)

decided: April 24, 1967.

MOORE, APPELLANT,
v.
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE



Appeal from decree of Court of Common Pleas No. 4 of Philadelphia County, June T., 1966, No. 2144, in case of Cecil B. Moore, president, Philadelphia Chapter National Association for the Advancement of Colored People et al. v. National Association for the Advancement of Colored People et al.

COUNSEL

Samuel Dashiell, with him Harold L. Randolph, for appellants.

William H. Brown, III, with him Norris, Brown and Hall, for appellees.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Roberts concurs in the result.

Author: O'brien

[ 425 Pa. Page 205]

The defendant-appellees, the National Association for the Advancement of Colored People, a nonprofit Corporation organized under the laws of the State of New York, pursuant to its corporate charter, constitution and by-laws, charters branches throughout the United States, one of these branches having been chartered in the City of Philadelphia, Pennsylvania.

In May of 1966, the National Association for the Advancement of Colored People decided to establish additional chapters in Philadelphia, as the National organization had previously done in other cities throughout the United States. On July 1, 1966, the

[ 425 Pa. Page 206]

    complaint in the instant action was filed on behalf of Cecil B. Moore, alleging that irreparable harm would result from the actions of the National organization, requesting that an injunction be issued ". . . restraining the National Association for the Advancement of Colored People from 'receiving, implementing or acting upon the question of the amending or revocation of the Charter of the Philadelphia Branch of the National Association for the Advancement of Colored People.'" The court below ordered and decreed a preliminary injunction be issued upon ". . . security being entered by the plaintiff in the sum of ($100) One Hundred Dollars." The Order further specified that ". . . upon the entry of said security, the defendant, National Board, National Association for the Advancement of Colored People and the National Office, National Association for the Advancement of Colored People, are hereby enjoined and restrained . . .", from doing specified acts. The court further ordered that upon the entry of this security that a hearing be held July 6, 1966 at 10:00 A.M. in Room 636, City Hall, Philadelphia, Pennsylvania, to determine whether or not the appellant's motion to continue the injunction should be granted. Following this order, appellant's attorney deposited a check in the amount of $100 with the Prothonotary.

On the hearing date of July 6, 1966, an affidavit of service on the appellees was filed with the prothonotary, this affidavit made by a James Willis Porter, indicating that on July 1, 1966, he served an agent for the National Association for the Advancement of Colored People, by handing a copy to the person in charge of the Tri-State Area Office, National Association for the Advancement of Colored People.

Appellees filed preliminary objections, alleging: (1) the lack of jurisdiction of the appellees and of the subject matter; (2) the appellees were not properly served; (3) the venue of the action was improper;

[ 425 Pa. Page 207]

(4) the complaint was filed with the prothonotary subsequent to the time when the order was signed, and (5) the appellant has failed to exhaust adequate remedies available at law ...


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