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ALTEMOSE CONSTRUCTION COMPANY v. BUILDING AND CONSTRUCTION TRADES COUNCIL PHILADELPHIA AND VICINITY ET AL. (03/18/75)

decided: March 18, 1975.

ALTEMOSE CONSTRUCTION COMPANY
v.
BUILDING AND CONSTRUCTION TRADES COUNCIL OF PHILADELPHIA AND VICINITY ET AL., APPELLANTS



COUNSEL

Bernard N. Katz, Richard B. Sigmond, Meranze, Katz, Spear & Wilderman, Philadelphia, for appellants.

John W. Pelino, Max L. Lieberman, Martin R. Lentz, Pelino, Wasserstrom, Chucas, Philadelphia, Butera & Detwiler, King of Prussia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., and O'Brien, Pomeroy and Nix, JJ., join in this opinion. Pomeroy, J., filed a concurring opinion in which Jones, C. J., and Nix, J., joined. Manderino, J., filed a dissenting opinion in which Eagen and Roberts, JJ., join.

Author: Per Curiam

[ 461 Pa. Page 525]

OPINION OF THE COURT

On June 5, 1972, the Court of Common Pleas of Montgomery County entered a preliminary injunction, enjoining appellants from certain activities after the occurrence of acts of violence during picketing at various building sites. Appellants appealed to this court. Altemose C. Co. v. B. & C. T. Council of Phila., 449 Pa. 194, 296 A.2d 504 (1972), cert. denied 411 U.S. 932, 93 S.Ct. 1901, 36 L.Ed.2d 392 (1973).

In March of 1973, appellants moved to modify or dissolve the preliminary injunction. A hearing was held and on September 11, 1973, the court below entered a decree refusing to modify or dissolve the preliminary injunction. This appeal followed.

We are of the opinion that appellants' attempt to appeal from the denial to dissolve or modify the preliminary injunction must be quashed. In Meng v. Meng, 380 Pa. 110, 110 A.2d 225 (1955), this court stated:

"The order of the Court below refusing to dissolve the preliminary injunction and permitting the appellee to file a bond nunc pro tunc, being interlocutory only and therefore not appealable, the appeal is quashed." At page 111, at page 225 of 110 A.2d.

Moreover, if appellants attempt to appeal the denial of their request to modify the preliminary injunction was premised on the Act of July 31, 1970, P.L. 673, No. 223, Article 5, Section 502(c), 17 P.S., Section 211.502(c), which provides:

"Interlocutory Appeals --

"A petition for allowance of appeal from an interlocutory order shall be filed within twenty days of its entry,"

     the appeal was untimely. The Court of Common Pleas of Montgomery County entered its order denying appellants'

[ 461 Pa. Page 526]

    request for a modification of the preliminary injunction on September 11, 1973, and appellants' appeal was filed on October 4, 1973, well past the prescribed twenty-day period.

Appeal quashed. Costs to be borne by ...


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