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

Appeal, No. 822 C.D. 1971.

3 Pa.Commw. 626 (1971)

Philadelphia v. Franklin Smelting and Refining Company, Inc.

Commonwealth Court of Pennsylvania.

December 8, 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 appellee.

Argued October 7, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE MENCER, December 8, 1971:

The City of Philadelphia (City) filed an action in equity against appellant, Franklin Smelting and Refining Company, Inc.,1 seeking an injunction to prevent appellant from continuing its operation in violation of various provisions of the Philadelphia Air Management Code. The complaint alleged that appellant's operations result in continuous smoke, fumes, oxide and fugitive dust emissions in excess...

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