PHILA. FAC. MGT. CORP. ET AL. v. BIESTER ET AL.

No. 616 C.D. 1979.

60 Pa.Commw. 366 (1981)

Philadelphia Facilities Management Corporation et al., Plaintiffs v. The Honorable Edward G. Biester et al., Defendants. Tenant Action Group, Intervenor.

Commonwealth Court of Pennsylvania.

July 8, 1981.


Attorney(s) appearing for the Case

Daniel J. Zucker, with him James Lewis Griffith, and John J. Leonard, Obermayer, Rebmann, Maxwell & Hipple, for plaintiffs.

Robert B. Hoffman, Deputy Attorney General, with him Norman D. Watkins, Deputy Attorney General, Allen C. Warshaw, Chief, Civil Litigation, and Harvey Bartle, III, Attorney General, for defendants.

Stephen P. Ulan, with him George D. Gould, and Stephen Bosch, for intervenor, Tenant Action Group.

Argued December 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, WILLIAMS, JR., CRAIG and PALLADINO. Judges BLATT and MacPHAIL did not participate.


OPINION BY JUDGE WILLIAMS, JR., July 8, 1981:

Before us in this matter is an original action challenging the constitutionality of the Utility Service Tenants Rights Act.1 The suit was brought by Philadelphia Facilities Management Corporation (Management Corporation) suing on behalf of itself, on behalf of the Philadelphia Gas Works (PGW), and on behalf of all the ratepaying customers...

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