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LASPINO v. RIZZO ET AL.

No. 2376 C.D. 1977.

40 Pa.Commw. 625 (1979)

Evelyn Laspino, t/a Minds Health in Bodys Health Spa v. Frank Rizzo, Mayor of the City of Philadelphia; Joseph F. O'Neill, Commissioner of Police; Dominick Sabatini, Commissioner of Licenses and Inspections; Sheldon L. Albert, City Solicitor; Lewis D. Polk, M.D., Commissioner of the Department of Health. Frank L. Rizzo et al., Appellants.

Commonwealth Court of Pennsylvania.

February 27, 1979.

Attorney(s) appearing for the Case

Barbara R. Axelrod, Assistant City Solicitor, with her James M. Penny, Jr., and Sheldon L. Albert, City Solicitor, for appellants.

Sandra W. Weckesser, with her Sharon Susser Harzenski, and, of counsel, Joel H. Slomsky and Edward Reif, for appellee.

Argued September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DISALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, February 27, 1979:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County, which granted appellee/plaintiff's motion for summary judgment upon appellee/plaintiff's complaint in equity, declaring Section 9-610(4) of The Philadelphia Code unconstitutional and permanently enjoining the enforcement thereof. Although both parties have submitted briefs which address exclusively and comprehensively the

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