The opinion
ROBERTS, Justice
(dissenting).
Although I agree that this Court should hear this appeal, I cannot join the majority’s decision affirming the order of the Commonwealth Court. The effect of that order is to vest the Court of Common Pleas of Philadelphia with jurisdiction to hear a suit against the Commonwealth. This is contrary to section 401 of the Appellate Court Jurisdiction Act which provides that:
“(a) The Commonwealth Court shall have original jurisdiction of:
(1) All civil actions or proceedings against the Commonwealth . . . .”
Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, art. IV, § 401(a), 17 P.S. § 211.401(a) (Supp.1975). Part (b) of this section makes this jurisdiction exclusive. Because this language allows no exception, the case should, in its entirety, be heard by the Commonwealth Court.
Therefore, I dissent.
NIX and MANDERINO, JJ., join in this dissenting opinion.