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COMMONWEALTH ET AL. v. RICH ET AL.

No. 32 T.D. 1980 and 34 T.D. 1980.

63 Pa.Commw. 30 (1981)

Commonwealth of Pennsylvania et al., Appellants v. Allison Rich et al., Appellees. Commonwealth of Pennsylvania and City of Philadelphia v. Paul Harris et al. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1981.

Attorney(s) appearing for the Case

Maxine J. Stotland, Assistant District Attorney, with her Steven H. Goldblatt, Deputy District Attorney, and Edward G. Rendell, District Attorney, for appellant, Commonwealth of Pennsylvania.

Michael A. Seidman, for appellee, Allison Rich.

Joseph N. Bongiovanni, III, for appellee, Darryl Edwards a/k/a David Gemza.

Norman A. Oshtry, with him Judith S. Eden, for appellees, Betty Jane Allsup, Linda Jackson, Fred Vennell, Robert Lee Bradford, and Julia Rieman.

Alan J. Davis, City Solicitor, with him Judith N. Dean, Deputy City Solicitor, for appellant, City of Philadelphia.

Joan Botto Williamson, for appellee, Paul Harris.

Michael A. Seidman, for appellees, Robert Goldsmith and Joseph Steiner.

Argued March 3, 1981, before President Judge CRUMLISH, JR. and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 1, 1981:

The Commonwealth of Pennsylvania and the City of Philadelphia appeal a Philadelphia Court of Common Pleas decision1 which struck down as unconstitutional and preempted Philadelphia's Obscenity Ordinance (Ordinance)2 and discharged appellees. We reverse and remand for proceedings consistent with this opinion.

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