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PENN GALVANIZING CO. v. PHILADELPHIA

388 Pa. 370 (1957)

Penn Galvanizing Co., Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

March 29, 1957.

Attorney(s) appearing for the Case

Abraham Shapiro, for appellant.

James L. Stern, Deputy City Solicitor, with him David Berger, City Solicitor, and Gordon Cavanaugh and Karl I. Schofield, Assistant City Solicitors, for appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, March 29, 1957:

This is an appeal from the order of the Court of Common Pleas of Philadelphia which sustained the preliminary objections of the City and dismissed the plaintiff's bill in equity.

Plaintiff is the owner of two commercial properties in the City of Philadelphia, and was a user of water supplied by the City in the years prior to 1952. The water meters measuring this use did not operate properly and failed to register...

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