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CITY OF PHILA. v. BELMONT FUND, INC. ET AL.

No. 245 C.D. 1979.

56 Pa.Commw. 185 (1981)

City of Philadelphia v. Belmont Fund, Inc. and Curtis Jones, I/T/A Park Sutton Apartments. Curtis Jones, i/t/a Park Sutton Apartment and Belmont Fund, Inc., Appellants.

Commonwealth Court of Pennsylvania.

January 21, 1981.

Attorney(s) appearing for the Case

James E. McErlane, with him Michael J. Stack, Lamb, Windle & McErlane, for appellants.

Richard S. Kohn, Assistant City Solicitor, with him Barry J. Grossman, Assistant City Solicitor, Alan J. Davis, City Solicitor, and Judith N. Dean, Deputy City Solicitor, for appellee.

Argued October 7, 1980, before President Judge CRUMLISH and Judges MENCER, ROGERS, MacPHAIL and PALLADINO. Judges WILKINSON, JR., BLATT, CRAIG and WILLIAMS, JR. did not participate.

OPINION BY JUDGE MENCER, January 21, 1981:

Belmont Fund, Inc., and Curtis Jones, i/t/a Park Sutton Apartments (defendants) appeal from an order of the Court of Common Pleas of Philadelphia County, which ordered defendants to correct structural deficiencies in an apartment building located in Philadelphia. The order further provided in part:

2. All openings on the said premises are to be sealed forthwith...

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