PHILADELPHIA v. HEMPHILL


421 Pa. 489 (1966)

Philadelphia v. Hemphill, Appellant.

Supreme Court of Pennsylvania.

April 20, 1966.


Attorney(s) appearing for the Case

Alexander Hemphill, appellant, in propria persona, with him Gilbert Stein.

Edward G. Bauer, Jr., City Solicitor, with him Levy Anderson, First Deputy City Solicitor, and Matthew W. Bullock, Jr., Second Deputy City Solicitor, for appellees.

William T. Coleman, Jr., with him Robert W. Maris, and Dilworth, Paxson, Kalish, Kohn & Dilks, for amicus curiae.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


ORDER PER CURIAM, April 20, 1966:

Judgment affirmed.

DISSENTING OPINION BY MR. CHIEF JUSTICE BELL:

It is unfortunate that this question and issue were not amicably resolved by the parties and the doubts and fears of the Controller, as to whether the proposed loan was for "capital" expenditures, removed. With a little give and take, this could easily have been done.

The Act of June 25, 1919, P.L. 581, as amended, July 11, 1923, 53 P.S. 12558...

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