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GRAYS FERRY v. CITY OF PHILA., ET AL.

No. 1185 C.D. 1974.

20 Pa.Commw. 90 (1975)

Grays Ferry Warehousing & Leasing Co. v. City of Philadelphia, Commonwealth of Pennsylvania, Department of Transportation, David J. Damiano, Buckley & Co., Inc. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

July 1, 1975.

Attorney(s) appearing for the Case

Edward Benoff, Assistant City Solicitor, with him Theodore H. Lunine, Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellant, City.

Louis J. Presenza, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant, Commonwealth.

LeRoy Comanor, for appellant, Buckley & Company, Inc.

Samuel P. Lavine, with him Carl T. Bogus, and Steinberg, Greenstein, Gorelick & Price, for appellee.

Argued April 2, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, July 1, 1975:

This is an appeal by the City of Philadelphia (City) from a final decree of the Court of Common Pleas of Philadelphia County dismissing the City's exceptions to its decree nisi and ordering that the City (1) be enjoined from using a certain cobblestone road located on the property of the Grays Ferry Warehousing and Leasing Company (appellee), (2) restore the cobblestone road to the condition it was in on December 31, 1972, and...

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