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DeSIMONE v. PHILADELPHIA

380 Pa. 137 (1955)

DeSimone v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

January 3, 1955.

Attorney(s) appearing for the Case

I. Jerome Stern, Assistant City Solicitor, with him Jerome J. Shestack, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for appellant.

David Berger, with him Leon H. Kline, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE MUSMANNO, January 3, 1955:

The City of Philadelphia maintained in 1949 at 12th and Reed Streets a swimming pool which was 80 feet long, 40 feet wide and ranged from a wading shallowness at one end to a depth of over 5 feet at the other end. On Tuesdays, Thursdays and Saturdays the pool was reserved for boys; on Mondays, Wednesdays and Fridays, girls had it for their exclusive use. A lifeguard attended on the boys' days but not on girls' days...

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