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CITY OF PHILA. ET AL. v. SHAPP ET AL.

No. 166 C.D. 1978.

44 Pa.Commw. 303 (1979)

City of Philadelphia et al., Petitioners v. Honorable Milton J. Shapp et al., Respondents.

Commonwealth Court of Pennsylvania.

July 17, 1979.

Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Norman R. Segal, Assistant City Solicitor, and Sheldon L. Albert, City Solicitor, for plaintiffs.

Stuart J. Moskovitz, Assistant Attorney General. for respondents.

Argued February 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and CRAIG. Judges MENCER and MacPHAIL did not participate.

OPINION BY JUDGE CRUMLISH, JR., July 17, 1979:

Presented for our consideration are the merits of preliminary objections filed by the Defendants, the Governor and the Secretary of the Department of Transportation (PennDOT), to a complaint sounding in mandamus and an action for specific performance by the City of Philadelphia, its Mayor, and its Commissioner of Streets.1

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