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SCRANTON SCHOOL DISTRICT v. SCRANTON FEDERATION TEACHERS (04/27/71)

SUPREME COURT OF PENNSYLVANIA


argued: April 27, 1971.

SCRANTON SCHOOL DISTRICT
v.
SCRANTON FEDERATION OF TEACHERS, APPELLANT

Appeal, No. 257, Jan. T., 1971, from decree of Court of Common Pleas of Lackawanna County, Jan. T., 1971, No. 9, in re The School District of the City of Scranton v. Scranton Federation of Teachers, Local No. 1147, Robert K. Cavanaugh, President et al.

COUNSEL

Leonard M. Sagot=or , with him M. H. Goldstein, and Ettinger, Poserina, Silverman, Dubin, Anapol and Sagot, for appellants.

James A. Kelly, with him Kelly and Walker, for appellee.

Before Robinson, P. J., Conaboy and Kosik, JJ.

Author: Per Curiam

On December 21, 1970, the Scranton Federation fo Teachers Local No. 1147 commenced a strike against the Scranton School District in support of wage and contract demands. The Court of Common Pleas fo Lackawanna County subsequently issued a preliminary injunction on January 18, 1971, prohibiting any continuation of the strike and this appeal was filed. Since oral argument before this Court on April 27, 1971, it has been brought to our attention that a collective bargaining agreement was executed by the parties on July 15, 1971. That agreement has resolved the controversy and renders this appeal moot. Taylor Fibre Co. v. Textile Workers Union of America, 395 Pa. 535, 151 A.2d 79 (1959); Glen alden Coal Co. v. Anthractic Miners of America, 319 Pa. 192, 179 A. 446 (1935). See also, Samoff v. Int'l Ass'n of Machinists District Lodge No. 1, 420 F. 2d 952 (3d Cir. 1969), cert denied 398 U.S. 965 (1970). The appeal is therefore dismissed without prejudice, each party to pay its own costs.

Disposition

Appeal dismissed without prejudice.

19710427

© 1998 VersusLaw Inc.



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