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S. KANE & SON, INC. v. CITY OF PHILA. ET AL.

No. 2744 C.D. 1981.

74 Pa.Commw. 172 (1983)

S. Kane & Son, Inc., Appellant v. City of Philadelphia and Kulzer Roofing, Inc., Appellees.

Commonwealth Court of Pennsylvania.

May 5, 1983.

Attorney(s) appearing for the Case

Israel Packel, with him Ethel S. Barenbaum, for appellant.

Jill A. Douthett, Deputy City Solicitor, with her Janet Stern Holcombe, Assistant City Solicitor, and Alan J. Davis, City Solicitor, for appellees.

Argued December 16, 1982, before Judges ROGERS, WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 5, 1983:

S. Kane & Son, Inc. (Kane) has brought this appeal from an order of the Court of Common Pleas of Philadelphia County sustaining the City of Philadelphia's (City) preliminary objection to a complaint in equity filed by Kane, dismissing the complaint and transferring the matter to the law side of the court.

On August 27, 1980, the City solicited bids for the...

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