CITY OF PITTSBURGH v. KOWNACKI ET AL.

No. 172 C.D. 1983.

81 Pa.Commw. 608 (1984)

City of Pittsburgh, Appellant v. James F. Kownacki et al., Appellees.

Commonwealth Court of Pennsylvania.

April 23, 1984.


Attorney(s) appearing for the Case

Marvin A. Fein, Deputy City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellants.

Paul A. Manion, with him, Kevin P. Lucas, Manion, Alder & Cohen, P.C., for appellees.

Argued March 13, 1984, before President Judge CRUMLISH, JR., and Judges ROGERS, WILLIAMS, JR., MacPHAIL, BARRY and COLINS.


OPINION BY JUDGE WILLIAMS, JR., April 23, 1984:

The City of Pittsburgh (City) appeals from a Court of Common Pleas of Allegheny County order dismissing appellant's exceptions and entering the decree nisi as a final order restraining the City from enforcing its prohibition of self-service gasoline stations under ordinance provisions held to contravene equal protection guarantees of the Pennsylvania and United States Constitutions.1

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