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SCHWARTZ ET AL. v. CONS. ED. AND PRO. ASSN. ET AL.

No. 1329 C.D. 1980.

58 Pa.Commw. 444 (1981)

City Council Members: George X. Schwartz et al., Appellants v. Consumers Education and Protective Association et al., Appellees.

Commonwealth Court of Pennsylvania.

April 13, 1981.

Attorney(s) appearing for the Case

Alan J. Davis, City Solicitor, with him, Judith N. Dean, Deputy City Solicitor, for appellants.

David Kairys, Kairys Rudovsky & Maguigan, with him, Peter Goldberger, National Lawyers Guild, for appellees.

Argued November 18, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG, WILLIAMS, JR. and PALLADINO. Judges MENCER and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, April 13, 1981:

This unique controversy presents a complex request to this Court for a resolution of the interrelationship between the Home Rule Amendment of November 7, 1922, Article IX, Section 2 of the Pennsylvania Constitution, the First Class City Home Rule Act of April 21, 1949, P.L. 665, the City-County Consolidation Amendment, Article XIV, Section 8, and the Philadelphia Home Rule Charter. Simply stated, we must determine...

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