ROBINSON PROTECTIVE, ETC. v. CITY OF PHILADELPHIA

No. 77-2218.

581 F.2d 371 (1978)

ROBINSON PROTECTIVE ALARM COMPANY, Wells Fargo Alarm Services, a Division of Baker Protective Services, Inc., Honeywell Protection Services, a Division of Honeywell, Inc., Sheppard Alarm Co., Inc., Burns Electronic Security Services, Inc., Appellants, v. CITY OF PHILADELPHIA, Lennox Moak, Charles Dorfman, Robert Silver and Edgar P. Grim.

United States Court of Appeals, Third Circuit.

Decided July 28, 1978.


Attorney(s) appearing for the Case

Steven R. Waxman, Bolger & Picker, Philadelphia, Pa., for appellants.

Sheldon L. Albert, City Sol., Stewart M. Weintraub, Michael Karasik, and Richard S. Kohn, Asst. City Sol., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Section 9-303 of the Philadelphia Code regulates the construction and use of underground wires beneath the City's streets. Section 9-303(4)(a) provides:

"In consideration of privileges granted, every private alarm signal system licensee shall pay to the City, on the 15th of each month, 5% of his gross earnings, whether collected or not, during the previous month from the exercise, directly or indirectly...

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