18 Pa. Commw. 306 | Pa. Commw. Ct. | 1975
Opinion by
Plaintiff files this action in mandamus against Temple University Law School
We will dispose of the matter on the narrow but essential question of whether the defendant is a State agency within the meaning of Section 401(a) (1) of the Appellate Court Jurisdiction Act of 1970, Act of July 31,
“We conclude, as did the Commonwealth Court, that this latter declaration reveals an express legislative intent to preserve Temple’s status as a nonprofit corporation chartered for educational purposes. The receipt by Temple of increased state financial aid no more transforms Temple into a state ‘agency’ than the receipt of federal funds can make Temple an agency of the federal government.” 448 Pa. at 430, 292 A.2d at 399.
Since Temple University is not a State agency but rather a non-profit corporation chartered for educational purposes, this Court is without jurisdiction and we enter the following
Order
Now, April 11, 1975, the preliminary objection raising the question of jurisdiction is sustained. Pursuant to the provisions of Section 503(b) of the Appellate Court Jurisdiction Act of 1970, 17 P.S. §211.503 (b), the above
. In its brief, defendant points out that Temple University Law School is not a legal entity subject to suit in any form but does not formally raise this objection in order to raise the principal issue relating to Temple University, a legal entity subject to suit in a proper forum.
. Unoffcial title.