PHILADELPHIA v. SEPTA

Appeal, No. 481 C.D. 1972.

8 Pa.Commw. 280 (1973)

Philadelphia v. Southeastern Pennsylvania Transportation Authority.

Commonwealth Court of Pennsylvania.

April 4, 1973.


Attorney(s) appearing for the Case

Howard D. Scher, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

William T. Coleman, Jr., with him John F. Smith, III, and Lewis II. Van Dusen, Jr., and, of counsel, Dilworth, Paxson, Kalish, Levy & Coleman and Drinker, Biddle & Reath, for appellee.

Argued February 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, April 4, 1973:

This is an appeal by the City of Philadelphia (City) from an order of the Court of Common Pleas of Philadelphia County dated April 20, 1972, dismissing the City's exceptions to an order of the same court (Decree Nisi dated December 13, 1971) holding that a provision of the City's Code (Section 9-403, infra) providing for the licensing of buses operating in the City was inapplicable to Southeastern Pennsylvania Transportation...

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