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MCCOY v. COMMONWEALTH (10/16/74)

decided: October 16, 1974.

MCCOY, APPELLANT,
v.
COMMONWEALTH



Appeal from order of Commonwealth Court, No. 616 C.D. 1972, in case of Edwin F. McCoy, executor of the estate of Edwin V. McCoy, deceased v. Commonwealth of Pennsylvania, Liquor Control Board, et al.

COUNSEL

Timothy Barnard, with him Edwin F. McCoy, for appellant.

David L. Kurtz, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for Commonwealth, appellee.

David C. Eaton, with him W. E. Shissler, and Nauman, Smith, Shissler & Hall, for Wohlgemuth, Green, Speller, McGuire and Clarke, appellees.

Robert Lazorchick, with him Scott & Lazorchick, for William Z. Scott, individually, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Nix and Mr. Justice Manderino join in this dissenting opinion.

Author: Per Curiam

[ 457 Pa. Page 514]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Justice Roberts:

In addition to continuing to adhere to the view, fully expressed elsewhere,*fn1 that the doctrine of sovereign immunity ought, in its entirety, to be consigned to the judicial scrapheap, I believe that there are compelling reasons ...


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