Duquesne Light Co. v. Department of Transportation

Concurring Opinion by

Judge Crumlish:

I. recognize that the Supreme Court of this State has elected not to change its position on the doctrine of sovereign immunity and hence I will conform.. I would, however, like to reaffirm my position in Lovrinoff et al. v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161, 281 A. 2d 176 (1971), and reiterated *367in Brown v. National Guard, 3 Pa. Commonwealth Ct. 457 (1971), that the merits of these eases should be considered by this Court.