PETRIKIN v. HEYBURN, 389 Pa. 599 (1957)

133 A.2d 809

Petrikin v. Heyburn, Appellant.

Supreme Court of Pennsylvania.April 22, 1957.
June 28, 1957.

Constitutional law — Pennsylvania Constitution — Article III, § 13 — Public officers — Pennsylvania Labor Relations Board — Members — Status.

Smiley v. Heyburn, 389 Pa. 594, followed.

Mr. Justice COHEN took no part in the consideration or decision of this case.

Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD and JONES, JJ.

Appeal, No. 41, May T., 1957, from order of Court of Common Pleas of Dauphin County, Commonwealth docket, 1955, No. 122, in case of Malcolm B. Petrikin v. Weldon B. Heyburn, State Treasurer of the Commonwealth of Pennsylvania, and Charles R. Barber, Auditor General of the Commonwealth of Pennsylvania. Order reversed; reargument refused July 30, 1957.

Equity.

Plaintiff’s motion for judgment on the pleadings sustained in part and order entered directing payment of claim, opinion by KREIDER, J. Defendants appealed.

Harry J. Rubin, Deputy Attorney General, with him, Thomas D. McBride, Attorney General, for appellants.

Sabato M. Bendiner, with him Mervin J. Hartman and Busser Bendiner, for appellee.

OPINION BY MR. JUSTICE MUSMANNO, June 28, 1957:

This is a companion case to that of Smiley v. Heyburn, 389 Pa. 594, in which we today handed down an opinion reversing the order of the Court below. As the pleadings and issues raised in the instant case are identical with those raised in Smiley v. Heyburn, there is no need to repeat what we there said.

Order of the lower Court reversed.

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