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ALMI v. DICK CORPORATION (11/05/76)

decided: November 5, 1976.

ALMI, INC., A PENNSYLVANIA CORPORATION
v.
DICK CORPORATION, A PENNSYLVANIA CORPORATION (TWO CASES). APPEAL OF PLOTKIN BROTHERS. APPEAL OF UNITED STATES



Appeal Nos. 257, 320 April Term, 1975 from the Order of the Court of Common Pleas, Civil Division, of Allegheny County, at No. 3553 January Term, 1969.

COUNSEL

Harry R. Levy, Pittsburgh, for appellant at No. 257.

Richard L. Thornburgh, U. S. Atty., Blair A. Griffith, First Asst. U. S. Atty., Pittsburgh, Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Washington, D. C., for appellant at No. 320.

Jack W. Plowman, Lawrence J. A. Purpura, Sp. Asst. Attys. Gen., Ralph J. Cappy, Pittsburgh, Scott P. Crampton, Asst. Attys. Gen., Gilbert E. Andrews, Washington, D. C., Lester G. Nauhaus, Pittsburgh, for appellee at No. 257.

Harry R. Levy, Lawrence J. A. Purpura, Pittsburgh, for appellee at No. 320.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., files a dissenting opinion in which Watkins, P. J., joins. Jacobs, J., dissents.

Author: Per Curiam

[ 243 Pa. Super. Page 283]

Pursuant to the Appellate Court Jurisdiction Act of 1970, July 31, P.L. 673, No. 223, art. V, § 503(c); 17 P.S. § 211.503(c) (1976 Supp.), this matter is transferred to the Commonwealth Court.

Dissenting Opinion by VAN der VOORT, J.:

There are five parties involved in these appeals. We heard argument in the case. The five briefs and the record were studied by the members of our Court. The case was assigned to me for drafting of an Opinion. I prepared such a draft and circulated it among my colleagues. We are now transferring it to the Commonwealth Court, an action to which I respectfully dissent.

The principal reason for the transfer is because the Commonwealth of Pennsylvania has intervened in the appeals. The Appellate Court Jurisdiction Act of July 31, 1970, P.L. 673, No. 223, Article 4, Section 402, 17 P.S. Section 211.402(1) provides that the Commonwealth

[ 243 Pa. Super. Page 284]

Court shall have exclusive jurisdiction of "all civil actions or proceedings to which the Commonwealth or any officer thereof, acting in his official capacity, is a party . . .". The Commonwealth has made no objection to our Court taking jurisdiction of these appeals, it has not suggested that the case be transferred to the Commonwealth Court and none of the parties has objected to jurisdiction lying ...


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