Apple Storage Co. v. Consumers Education & Protective Ass'n

Concurring Opinion by

Mr. Justice Pomeroy:

I do not join in the opinion of the Court principally because I see no reason to accept as a basis or even as background for decision “facts” which appear only in a party’s brief. I deem this especially unwise where, as here, the factual allegations of the other party (as revealed in this case by inspection of the original complaint) present a different picture.1 I do, however, concur in the decision for the reasons (1) that the preliminary injunction was obtained in violation of the Pennsylvania Rules of Civil Procedure and (2) that the decree…