Bruce E. Cooper, with him Cooper, Friedman & Friedman, for plaintiffs.
Harold E. Kohn, Special Attorney, with him Barry A. Roth, Deputy Attorney General, Lawrence J. Beaser, Assistant Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendant.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Judge Blatt disqualified herself and did not participate. Judge Mencer dissents for the reasons forth in his dissenting opinion in Stroup v. McNair,
Author: Per Curiam
[5 Pa. Commw. 362 Page 363]
The legal issues involved herein are discussed and resolved by this Court in Stroup v. McNair, 5 Pa. Commonwealth Ct. 244 (1972).
[5 Pa. Commw. 362 Page 364]
And Now, May 5, 1972, the Preliminary Objections of the defendant are sustained and the plaintiffs' complaint dismissed.
Judge Mencer dissents for the reasons set forth in his dissenting opinion in Stroup v. McNair, 5 Pa. Commonwealth Ct. 244 (1972).
Preliminary objections sustained and complaint dismissed.