Keitt v. Ross

Opinion by

President Judge Bowman,

This case is once again before this Court for a decision on preliminary procedural questions and not on the merits. The involved history of this case prior to the current transfer to this Court by order of the Court of Common Pleas of Philadelphia County is adequately reported in our prior decision and it would be repetitious to restate it. Ross v. Keitt, 10 Pa. Commonwealth Ct. 375, 308 A.2d 906 (1973). In Ross we held that the Commonwealth was not an indispensable party to plaintiffs’ complaint in equity, and therefore, affirmed the lower court.

Following our…