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PHILA. v. FRANKLIN S. & R. CO., INC.

444 Pa. 181 (1971)

Philadelphia v. Franklin Smelting and Refining Co., Inc., Appellant.

Supreme Court of Pennsylvania.

September 29, 1971.

Attorney(s) appearing for the Case

Jeffrey A. Weiner, with him Leonard M. Sagot, John J. Poserina, Jr., Arthur Silverman and Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, for appellant.

S. Jay Sklar, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor and Levy Anderson, City Solicitor, for City of Philadelphia, appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, September 29, 1971:

The City of Philadelphia (appellee) instituted an action in equity against the Franklin Smelting and Refining Company (appellant) to enjoin alleged violations of the Philadelphia Air Management Code. The appellant filed preliminary objections questioning the jurisdiction of the court below due to the appellee's alleged failure to exhaust administrative remedies. These objections were...

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