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DIGITAL PAGING SYSTEMS PITTSBURGH v. ALLEGHENY COUNTY MEDICAL SOCIETY (07/12/78)

decided: July 12, 1978.

DIGITAL PAGING SYSTEMS OF PITTSBURGH, INC., A CORPORATION
v.
ALLEGHENY COUNTY MEDICAL SOCIETY, A NON-PROFIT CORPORATION, APPELLANT



Appeal No. 100 April Term, 1978, from the Order dated July 26, 1977, of the Court of Common Pleas of Allegheny County, Civil Division, In Equity, GD 77-12991; Smith, Judge.

COUNSEL

Gilbert J. Helwig, Pittsburgh, with him Arthur H. Stroyd, Jr., Pittsburgh, for appellant.

W. Walter Braham, Jr., Pittsburgh, with him David L. McClenahan, Pittsburgh, for appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ.

Author: Per Curiam

[ 256 Pa. Super. Page 438]

The lower court's dated July 26, 1977, is affirmed with one modification. The preliminary injunction ordering appellant Allegheny County Medical Society to "cease and desist from engaging as a radiotelephone common carrier" shall continue in force until the questions raised in appellee's complaint before the Public Utility Commission have been heard and disposed of by that tribunal.

19780712

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