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APPELMANS v. CITY OF PHILADELPHIA

No. 86-1583.

826 F.2d 214 (1987)

Claire APPELMANS and Tara Broderick, Appellants, v. The CITY OF PHILADELPHIA, the Philadelphia City Council, Mayor Wilson Goode, Director of Finance, Richard C. Gilmore, the Philadelphia Gas Commission, and Gas Commissioners, Joseph Vignola, John Street, Ann Land, Lawrence Reaves and Charlotte Nichols.

United States Court of Appeals, Third Circuit.

Decided August 12, 1987.

Attorney(s) appearing for the Case

Timothy B. Broderick (argued), Philadelphia, Pa., for appellants.

Handsel B. Minyard, City Sol., Gerald T. Clark (argued), Deputy City Sol., City of Philadelphia Law Dept., Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, MANSMANN, and ROSENN, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This class action under 42 U.S.C. § 1983 against the City of Philadelphia was instituted by residents of Philadelphia who are consumers of gas purchased from the Philadelphia Gas Works ("PGW"). The plaintiffs alleged that the transfer of $6.5 million from the PGW's sinking fund reserve to the General Fund of the City of Philadelphia constituted a special assessment against them and was violative of their...

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