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D.B. VAN CAMPEN C. v. BLDG. & C.T. COUNCIL

202 Pa.Super. 118 (1963)

Daniel B. Van Campen Corporation, Appellant, v. Building and Construction Trades Council of Philadelphia.

Superior Court of Pennsylvania.

November 13, 1963.

Attorney(s) appearing for the Case

Frederick C. Fiechter, Jr., for appellant.

Ellis A. Horwitz, Assistant City Solicitor, James L. Stern, Second Deputy City Solicitor, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, MONTGOMERY, and FLOOD, JJ. (WATKINS, J., absent).

OPINION BY MONTGOMERY, J., November 13, 1963:

This case is before us for the second time.1 However, our present consideration of it is limited to the question of whether the complaint sufficiently sets forth a cause of action against the City of Philadelphia alone for damages sustained by the plaintiff-appellant, which were occasioned by the stoppage of work being done by plaintiff for the City.

The lower court sustained preliminary...

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