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CALVIN WILLIAMS AND JOSEPH MCNEIL v. COMMONWEALTH PENNSYLVANIA ET AL. (03/18/75)

SUPREME COURT OF PENNSYLVANIA


decided: March 18, 1975.

CALVIN WILLIAMS AND JOSEPH MCNEIL, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA ET AL.

Appeal No. 362 January Term, 1974, from the Order of the Commonwealth Court of Pennsylvania at No. 12 T.D. 1973; Genevieve Blatt, Judge.

COUNSEL

Joseph R. Livesey, Kates, Livesey & Edelstein, Philadelphia, for appellants.

Glenn Gilman, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Israel Packel, Atty. Gen., Philadelphia, for appellees.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy and Nix, JJ. Manderino, J., took no part in the consideration or decision of this case. Roberts, J., filed a dissenting opinion in which Nix, J., joins.

Author: Per Curiam

[ 460 Pa. Page 581]

OPINION OF THE COURT

Order affirmed. See Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973).

[ 460 Pa. Page 582]

DISSENTING OPINION

ROBERTS, J.

The Court today continues to permit a judicially created anachronism to deprive litigants of their day in court. I remain of the view that the doctrine of sovereign immunity ought, in its entirety, to be consigned to the judicial scrapheap. See McCoy v. Commonwealth, 457 Pa. 513, 514-16, 325 A.2d 396, 397-98 (1974) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Sweigard v. Pennsylvania Dep't. of Transp., 454 Pa. 32, 35-38, 309 A.2d 374, 376-77 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Brown v. Commonwealth, 453 Pa. 566, 577-79, 305 A.2d 868, 871-72 (1973) (dissenting opinion of Roberts, J., joined by Nix & Manderino, JJ.); Biello v. Pennsylvania Liquor Control Bd., 454 Pa. 179, 187-92, 301 A.2d 849, 853-56 (1973) (dissenting opinion of Nix, J., joined by Roberts, J.).

19750318

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