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PRESTON ET AL. v. PHILADELPHIA ET AL.

No. 348 C.D. 1976.

26 Pa.Commw. 106 (1976)

Rev. James S. Preston, 4210 Powelton Avenue, Philadelphia, Penna. et al. v. The City of Philadelphia et al. Rev. James S. Preston et al., Appellants.

Commonwealth Court of Pennsylvania.

August 12, 1976.

Attorney(s) appearing for the Case

Edward V. Sparer, with him Charles W. Bowser, H. Patrick Swygert, Bruce L. Thall, and R. Michael Kemler, for appellants.

John M. McNally, Jr., First Deputy City Solicitor, Sheldon L. Albert, City Solicitor, and Stephen Arinson, Chief Deputy City Solicitor, for appellees.

Richard Kirschner, with him Miriam L. Gafni, and Markowitz & Kirschner, for amici, APTA District Council 47, AFSCME, AFL-CIO, Local 488, District Council 33, AFSCME, AFL-CIO.

A.L. Zwerdling, with him Janet Kohn and Zwerdling, Maurer and Papp, for American Federation of State, County and Municipal Employees, AFL-CIO.

Argued April 6, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, August 12, 1976:

The appellants, Reverend James S. Preston, a Baptist minister; Samuel Evans, Chairman of the American Foundation for Negro Affairs; Dr. Cynthia Cook, a medical doctor at Philadelphia General Hospital (PGH); Dr. Richard Freeman, a medical intern at PGH; and Harriet Mayhugh and Jessie Powell, patients at PGH, filed a complaint in equity alleging that the Mayor of the City of Philadelphia announced the City's intention to close...

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