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CONDEM. LEASE. INT. v. AIRPORTELS, INC.

No. 733 C.D. 1975.

21 Pa.Commw. 227 (1975)

In Re: Condemnation by the City of Philadelphia of the Leasehold Interest of Airportels, Inc. in all Those Six Acres, More or Less, With the Improvements Thereon Erected, Situated in the 40th Ward of the City of Philadelphia, Fronting on Essington Avenue and Located on the Philadelphia International Airport v. Airportels, Inc. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

September 11, 1975.

Attorney(s) appearing for the Case

John E. Walheim, Special Counsel, for appellant.

Richard D. Solo, with him Solo, Bergman & Padova, for appellee.

Submitted on briefs June 17, 1975, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, September 11, 1975:

The City of Philadelphia (City) appeals to this Court from an order of the Court of Common Pleas of Philadelphia County dismissing the City's "Petition for Leave to Amend Preliminary Objections Alleging Factual Matters." Appellee, Airportels, Inc., has filed a motion to quash, which motion is presently before us.

The history of the protracted litigation in this case was summarized in our opinion in City of Philadelphia...

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