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COMMONWEALTH v. LOYAL ORDER MOOSE (12/13/71)

decided: December 13, 1971.

COMMONWEALTH, HUMAN RELATIONS COMMISSION, APPELLANT,
v.
LOYAL ORDER OF MOOSE, LODGE NO. 107



Appeal from order of Court of Common Pleas of Dauphin County, Commonwealth Docket, 1969, No. 216, in case of Commonwealth of Pennsylvania Human Relations Commission v. Loyal Order of Moose, Lodge No. 107.

COUNSEL

Stanton W. Kratzok, Assistant Attorney General, for Commonwealth, Human Relations Commission, appellant.

Thomas D. Caldwell, Jr., with him Caldwell, Clouser & Kearns, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 220 Pa. Super. Page 356]

Order affirmed, on the opinion of Judge Lipsitt.

Disposition

Order affirmed, on the opinion of Judge Lipsitt.

[ 220 Pa. Super. Page 357]

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant, the Pennsylvania Human Relations Commission, appeals from an order of the Court of Common Pleas of Dauphin County, reversing a previous order entered by the Commission against appellee, Loyal Order of Moose, Lodge No. 107.

The relevant facts are not in dispute and are drawn from the pleadings and stipulations of the parties. The Human Relations Commission is a state administrative commission charged by statute to prohibit discrimination because of race, color, religion or national origin in the fields of employment opportunity, housing, education and public accommodation.*fn1 Appellee Moose Lodge No. 107 is one of the many subordinate lodges of the Supreme Lodge of the World, Loyal Order of the Moose. Under its Charter from ...


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