Hilliard v. Pennsylvania Ex Rel. Pennsylvania Game Commission

OPINION

GOURLEY, District Judge.

In this proceeding, plaintiffs seek to enjoin defendants from taking plaintiffs’ farm lands by exercise of the pow er of eminent domain. Jurisdiction is founded solely upon the alleged existence of numerous questions arising under the Fourteenth Amendment to the United States Constitution. In response to the Complaint, defendants filed a Motion to Dismiss and an Answer, raising therein, among other defenses, the defenses of lack of subject matter jurisdiction and res ad judicata. A hearing has been held upon plaintiffs’ request for preliminary injunction and…