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GEORGE W. GARRETTSON v. COMMONWEALTH PENNSYLVANIA (07/14/78)

SUPREME COURT OF PENNSYLVANIA


decided: July 14, 1978.

GEORGE W. GARRETTSON, JR., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, THE GRAPHIC HAND, INC., AND DELAWARE COUNTY CHAMBER OF COMMERCE

No. 477 January Term, 1976, Appeal from the Order of the Commonwealth Court, No. 19 T.D. 1975.

COUNSEL

Donald M. Bowman, Gold, Bowman & Korman, Philadelphia, for appellant.

Harry Bowytz, Chief Counsel, J. Leonard Langan, Asst. Attys. Gen., Allen C. Harshaw, Deputy Atty. Gen., for appellee, Com. Pa. Liquor Control Bd.

William E. Mowatt, Media, for appellee, Graphic Hand.

J. Joseph Herring, Jr., Media, for appellee, Delaware County Chamber of Commerce.

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

Author: Roberts

[ 479 Pa. Page 417]

OPINION OF THE COURT

Appellant George Garrettson brought an action in trespass against appellee Pennsylvania Liquor Control Board and others for the unauthorized printing of his picture on the back cover of "State Store Price List No. 118." The Commonwealth

[ 479 Pa. Page 418]

Court dismissed the complaint against appellee on the ground that appellee, as an agency of the Commonwealth, was protected against suit by the sovereign immunity of the Commonwealth.

We have this day abrogated the doctrine of sovereign immunity. Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978). We therefore reverse the order of the Commonwealth Court and remand for further proceedings.

Order reversed and case remanded.*fn*

O'BRIEN, Justice, dissenting.

I dissent. This Court has no power to abrogate Article I, ยง 11 of the Pennsylvania Constitution. See Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978) (Dissenting Opinion by O'Brien, J.).

POMEROY, Justice, dissenting.

For the reasons set forth in my dissenting opinion in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 408, 388 A.2d 709, 721 (1978), I dissent.


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