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SICA ET AL. v. CITY OF PHILA. ET AL.

No. 2147 C.D. 1982.

77 Pa.Commw. 97 (1983)

Theresa Sica and J.J. White, Inc., Appellants v. City of Philadelphia et al., Appellees.

Commonwealth Court of Pennsylvania.

September 9, 1983.

Attorney(s) appearing for the Case

Cornelius C. O'Brien, Jr., O'Brien and Davis, P.C., for appellants.

Leslie F. Simkin, Assistant City Solicitor, with her Mark A. Aronchick, Acting City Solicitor, and Jill A. Douthett, Divisional Deputy City Solicitor, for appellee, City of Philadelphia.

Carl S. Primavera, for appellee, Redevelopment Authority of the City of Philadelphia.

Steven A. Arbittier, with him M. Ellen Moffett, of counsel: Wolf, Block, Schorr and Solis-Cohen, for appellee, Stofflet & Tillotson.

Argued June 6, 1983, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, September 9, 1983:

Theresa Sica and J.J. White, Inc. (Sica) appeal from a decision of the Court of Common Pleas of Philadelphia County, which dismissed their taxpayer's suit on res judicata grounds. We face a question of first impression, whether judgment in a taxpayer's representative suit concerning the award of a public contract is binding in a later action initiated by a different taxpayer seeking to raise the same issue as to the same...

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