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LOFTUS v. CARBONDALE (06/27/69)

decided: June 27, 1969.

LOFTUS, APPELLANT,
v.
CARBONDALE



Appeal from order of Court of Common Pleas of Lackawanna County, Sept. T., 1965, No. 2047, in case of William Loftus v. City of Carbondale et al.

COUNSEL

George I. Puhak, with him Daniel H. Jenkins, for appellant.

James D. Stone, for appellees, submitted a brief.

Bell, C. J., Jones, Cohen, Eagen, O'Brine, Roberts and Pomeroy, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Jones and Mr. Justice Roberts concur in the result.

Author: Bell

[ 435 Pa. Page 289]

This is an appeal from the Order of the Court of Common Pleas of Lackawanna County dismissing the plaintiffs' petition for a declaratory judgment. The petition which sought a determination of whether the defendants were legally qualified and legally appointed and legally elected members of the Board of Managers of the Firemen's Pension Fund of the City of Carbondale under and in accordance with the provisions of the Act of 1931, P. L. 932, § 4320, as amended, 53 P.S. § 39320, raised disputed questions of fact. For this reason the petition for a declaratory judgment was properly dismissed. Mains v. Fulton, 423 Pa. 520, 522, 224 A.2d 195; Sheldrake Estate, 416 Pa. 551, 553-554, 207 A.2d 802; Mohney Estate, 416 Pa. 107, 109,

[ 435 Pa. Page 290204]

A.2d 916; State Farm Mutual Automobile Insurance Co. v. Semple, 407 Pa. 572, 180 A.2d 925; McWilliams v. McCabe, 406 Pa. 644, 179 A.2d 222.

Order affirmed.

Disposition

Order affirmed.

19690627

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