decided: July 27, 1967.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT
Appeal from decree 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.
Arnold R. Ginsburg and Philip Price, with them Robert M. Landis, and Dechert, Price & Rhoads, for appellants.
Edward G. Bauer, Jr., City Solicitor, with him Matthew W. Bullock, Jr., Second Deputy City Solicitor, for City of Philadelphia, appellee.
William T. Coleman, Jr. and Lewis H. Van Dusen, Jr., with them Richardson Dilworth, J. Alan Kugle, David P. Bruton, and Dilworth, Paxson, Kalish, Kohn & Levy, and Drinker, Biddle & Reath, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Dissenting Opinion by Mr. Justice Roberts. Mr. Chief Justice Bell and Mr. Justice O'Brien join in this opinion.
Author: Per Curiam
[ 426 Pa. Page 418]
[ 426 Pa. Page 419]
Dissenting Opinion by Mr. Justice Roberts:
In view of the decision in the declaratory judgment action between the same parties, decided today, the issues raised by this appeal have become moot. I would therefore dismiss this appeal without expressing any views as to the propriety of the restraining order.
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