FAIRBANKS v. CITY OF PITTSBURGH

Nos. 320 and 319 C.D. 1974.

16 Pa.Commw. 289 (1974)

Alan Fairbanks, Appellant, v. City of Pittsburgh, Appellee. John Davis, Appellant, v. City of Pittsburgh, Appellee.

Commonwealth Court of Pennsylvania.

November 22, 1974.


Attorney(s) appearing for the Case

Bryan Campbell, with him Mansmann, Beggy, Steele & Campbell, for appellants.

Daniel M. Curtin, Assistant City Solicitor, with him Mead J. Mulvihill, Deputy City Solicitor, for appellees.

Argued November 8, 1974, before Judges WILKINSON, JR, ROGERS and BLATT, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, November 22, 1974:

These cases are appeals from the decision of the lower court dismissing the actions in assumpsit by plaintiffs and entering judgment in favor of defendants. The actions were heard by the Court on an agreed statement of facts and stipulated exhibits as a case stated. We must affirm the decision of the court below but do so, not on the grounds used by the court below with which we disagree, but rather because plaintiffs...

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