Appeal from order of Court of Common Pleas of Dauphin County, No. 243 Commonwealth Docket, 1966, in case of Pennsylvania State Board of Funeral Directors v. Victor J. Errichetti.
Michael A. Marolla, for appellant.
Victor L. Schwartz, Assistant Attorney General, with him John W. Flannery, Assistant Attorney General, Thomas H. Lane, Deputy Attorney General, and William C. Sennett, Attorney General, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.
[ 215 Pa. Super. Page 462]
Dissenting Opinion by Hoffman, J.:
Appellant is a funeral director, licensed under the Funeral Director Law and subject to the supervision of the State Board of Funeral Directors [hereafter referred to as the "Board"]. Act of January 14, 1952, P. L. (1951) 1898, as amended, 63 P.S. § 479. Prior to the instant proceedings, he had practiced his profession for thirty years, apparently without incident.
From time to time, appellant had employed one Leandro Angelone. From the time that he was a boy, Angelone served appellant in a variety of ways. He drove limousines, arranged flowers, and helped clean bodies. Angelone was so influenced by his work that he too decided to become a funeral director.
The record indicates that Angelone first considered becoming a funeral director in the State of Maine. In November, 1962, he successfully passed the Maine examination for a funeral director's license. Maine, however, refused to license him solely ...