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CITY OF ERIE v. N.W. PA. FOOD COUNCIL

No. 318 C.D. 1973.

14 Pa.Commw. 355 (1974)

City of Erie, Appellant, v. Northwestern Pennsylvania Food Council, Appellee.

Commonwealth Court of Pennsylvania.

July 22, 1974.

Attorney(s) appearing for the Case

Angelo P. Arduini, Assistant City Solicitor, for appellant.

William C. Sennett, with him Paul F. Curry, and Knox, Graham, Pearson, McLaughlin & Sennett, Inc., for appellee.

Argued May 8, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, July 22, 1974:

The City of Erie enacted Ordinance No. 22-1972 which attempts to regulate the packaging and labeling of meats offered for sale at retail within the City of Erie. The provisions of Section 2 of this ordinance makes it unlawful to sell or offer for sale at retail any sealed, prepackaged, unprocessed or untreated fresh-cut meat or frozen meat, unless the packaging thereof is colorless and transparent on all sides, or unless at...

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