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MARBELITE CO., INC. v. PHILADELPHIA

208 Pa.Super. 256 (1966)

Marbelite Company, Inc. v. Philadelphia, Appellant.

Superior Court of Pennsylvania.

September 15, 1966.

Attorney(s) appearing for the Case

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Rudolph A. Chillemi, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.

Steven A. Arbittier, with him Howard Gittis, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (SPAULDING, J., absent).

OPINION PER CURIAM, September 15, 1966:

The judgment of the Court of Common Pleas No. 5 of Philadelphia County is affirmed on the opinion of Judge WEINROTT, for the court below, reported at 40 Pa. D. & C. 2d 347.

DISSENTING OPINION BY WRIGHT, J.:

This case is of great concern to the City of Philadelphia. It involves the right of the City to protect the public treasury. In my view it is not...

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