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PHILA., DePAUL & S. v. MAGNOLIA C. CO.

220 Pa.Super. 424 (1972)

Philadelphia, to use of DePaul & Son, Appellant, v. Magnolia Cemetery Company of Philadelphia.

Superior Court of Pennsylvania.

March 24, 1972.

Attorney(s) appearing for the Case

David H. Kubert, with him Harry P. Voldow, for use plaintiff, appellant.

Karl I. Schofield, Deputy City Solicitor, with him Levy Anderson, City Solicitor, for intervenor, appellant.

Robert Boyd, Jr., submitted a brief for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY JACOBS, J., March 24, 1972:

The appellant in this case is a contractor who paved the cartway and installed curbing along a footway adjoining the real estate of appellee. Appellant filed a municipal claim in the name of the City of Philadelphia to his use by virtue of the provisions of the Act of May 16, 1923, P.L. 207, as amended, 53 P.S. § 7101 et seq. On November 10, 1970, appellant caused a scire facias sur municipal claim to issue. Appellee...

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