SAMERIC CORP. DEL., INC. v. CITY OF PHILADELPHIA

No. 97-1615.

142 F.3d 582 (1998)

SAMERIC CORPORATION OF DELAWARE, INC., Appellant, v. CITY OF PHILADELPHIA; Philadelphia Historical Commission, an Agency of the City of Philadelphia; Edward A. Montgomery, Jr.; Richard Tyler, Ph.D.; Chris Cashman; David Brownlee, Ph.D.; David Hollenberg; Barbara Kaplan; Joan Ferrera; and David Wismer, Individually and in Their Official Capacities as Members of the Philadelphia Historical Commission.

United States Court of Appeals, Third Circuit.

Decided April 10, 1998.


Attorney(s) appearing for the Case

Richard A. Sprague, Geoffrey C. Jarvis (argued), Charles J. Hardy, David S. Lubin, Sprague & Sprague, Philadelphia, PA, for Appellant.

Michael F. Eichert (argued), Chief Deputy City Solicitor, City of Philadelphia Law Department, Philadelphia, PA, Robert C. Heim, Arthur Newbold, Diane S. Danoff, Aline Fairweather, Dechert Price & Rhoads, Philadelphia, PA, for Appellees.

Before: GREENBERG, SCIRICA, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Sameric Corporation of Delaware ("Sameric") appeals from the district court's order of July 14, 1997, granting summary judgment to the City of Philadelphia (the "City") and various individual defendants. Sameric filed this action in November 1995 alleging that the City violated its federal and state constitutional rights by improperly designating Sameric's theater as an historic building...

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