Opinion
March 14, 1967.
July 27, 1967.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 229, Jan. T., 1967, from decree of Court of Common Pleas No. 5 of Philadelphia County, June T., 1965, No. 971, in case of Southeastern Pennsylvania Transportation Authority and City of Philadelphia v. Philadelphia Transportation Company, Philadelphia Market Street Subway-Elevated Railway Company, Motor Real Estate Company et al. Decree affirmed; reargument refused September 26, 1967.
Related case: 426 Pa. 377.
Petition for supplemental relief in declaratory judgment action. Before SPAETH, JR., J.
Preliminary injunction entered restraining defendants from certain activities. Defendants appealed.
Arnold R. Ginsburg and Philip Price, with them Robert M. Landis, and Dechert, Price Rhoads, for appellants.
Edward G. Bauer, Jr., City Solicitor, with him Matthew W. Bullock, Jr., Second Deputy City Solicitor, for City of Philadelphia, appellee.
William T. Coleman, Jr. and Lewis H. Van Dusen, Jr., with them Richardson Dilworth, J. Alan Kugle, David P. Bruton, and Dilworth, Paxson, Kalish, Kohn Levy, and Drinker, Biddle Reath, for appellee.
Decree affirmed.
In view of the decision in the declaratory judgment action between the same parties, decided today, the issues raised by this appeal have become moot. I would therefore dismiss this appeal without expressing any views as to the propriety of the restraining order.
Mr. Chief Justice BELL and Mr. Justice O'BRIEN join in this opinion.