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McLEAN v. CITY OF PHILADELPHIA, WATER REV. BUREAU

Nos. 89-1496, 89-1497.

891 F.2d 474 (1989)

Lester & Frances McLEAN, Debtors-Appellees, v. CITY OF PHILADELPHIA, WATER REVENUE BUREAU, Appellant. Wilson AIKENS, Debtor-Appellee, v. CITY OF PHILADELPHIA, WATER REVENUE BUREAU, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 7, 1989.

Attorney(s) appearing for the Case

Seymour Kurland, City Solicitor, Andrew P. Bralow, Chief Deputy City Solicitor, Cynthia E. White (argued), Abby L. Pozefsky, Deputy City Solicitors, Philadelphia, Pa., for appellants.

Eric L. Frank, Community Legal Services, Inc., Philadelphia, Pa., for debtors-appellees Lester & Frances McLean.

Alan M. White (argued), Community Legal Services, Inc., Philadelphia, Pa., for debtor-appellee Wilson Aikens.

Before GIBBONS, Chief Judge, MANSMANN, Circuit Judge, and GERRY, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The City of Philadelphia, Water Revenue Bureau, appeals from judgments entered in two separate bankruptcy proceedings; Wilson Aikens, Debtor, Bankruptcy No. 87-00364S and Lester and Frances McLean, Debtors, Bankruptcy No. 88-11567F. In both cases the City filed a proof of claim against the debtors for municipal liens that had arisen under Pennsylvania law against real property of the debtors because they failed...

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