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HAYDEN C. JONES v. ISRAEL PACKEL (01/28/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 28, 1976.

HAYDEN C. JONES, JR., PLAINTIFF
v.
ISRAEL PACKEL, ROBERT CASEY, GRACE SLOAN, MARTIN L. MURRAY, THOMAS M. NOLAN, KENNETH B. LEE, ROBERT J. BUTERA, HERBERT FINEMAN, H. JACK SELTZER, GUY A. KISTLER, HENRY J. CIANFRANI AND RAYMOND LEDERER, DEFENDANTS

Original jurisdiction in case of Hayden C. Jones, Jr. v. Israel Packel, Robert Casey, Grace Sloan, Martin L. Murray, Thomas M. Nolan, Kenneth B. Lee, Robert J. Butera, Herbert Fineman, H. Jack Seltzer, Guy A. Kistler, Henry J. Cianfrani and Raymond Lederer.

COUNSEL

H. David Spirt, with him Steven G. Laver, for plaintiff.

Allen C. Warshaw, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants, Packel and Sloan.

Frank A. Woelfling, Deputy Counsel, with him Frank P. Lawley Jr., Chief Counsel, for defendant, Casey.

Michael C. Shields, with him A. Richard Gerber, and Gerber, Davenport & Wilenzik, for defendants, Murray, Nolan, Lee, Butera, Fineman, Seltzer, Kistler, Cianfrani and Lederer.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three.

Author: Per Curiam

[ 23 Pa. Commw. Page 123]

Hayden C. Jones, Jr., plaintiff, filed two complaints with this Court. The first action in mandamus was before us at No. 805 C.D. 1974. In a per curiam opinion and Order, 20 Pa. Commonwealth Ct. 606, 342 A.2d 434 (1975), we sustained the preliminary objections of defendants, Packel et al., and dismissed the complaint.

The second action, in equity, is presently before us. Again, we have reviewed the briefs*fn1 and record. Noting the long line of appellate court cases in this Commonwealth from Williamsport and Elmira Railroad Company v. The Commonwealth, 33 Pa. 288 (1859) to Vance v. Kassab, 15 Pa. Commonwealth Ct. 328, 325 A.2d 294 (1974) which extends sovereign immunity to actions in equity, we see*fn2 no difference in result between the mandamus action previously filed and the instant equity action, and therefore,

[ 23 Pa. Commw. Page 124]

Order

And Now, this 28th day of January, 1976, the preliminary objections of all the defendants are hereby sustained and the complaint is dismissed.

Disposition

Preliminary objections sustained. Complaint dismissed.


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