
    Southeastern Pennsylvania Transportation Authority v. Philadelphia Transportation Company, Appellant.
    Argued March 14, 1967.
    Before Bell, C. J., Musmanno, Jones, Cohen, Eagen, O’Brien and Roberts, JJ.
    reargument refused September 26, 1967.
    
      Arnold R. Cinsburg and Philip Price, with them Robert M. Landis, and Dechert, Price & Rhoads, for appellants.
    
      Edward Q-. 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.
    July 27, 1967:
   Opinion

Per Curiam,

Decree affirmed.

Dissenting Opinion by

Mr. Justice Roberts:

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.  