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PARKWAY GARAGE, INC. v. CITY OF PHILADELPHIA

Nos. 92-1828, 92-1905.

5 F.3d 685 (1993)

PARKWAY GARAGE, INC., Appellant in No. 92-1828, v. The CITY OF PHILADELPHIA; The Philadelphia Parking Authority; Webster M. Fitzgerald; Donald Kligerman; Andres Perez; The Philadelphia Parking Authority, Appellant in No. 92-1905.

United States Court of Appeals, Third Circuit.

Decided September 22, 1993.

As Amended November 26, 1993.

Sur Petition for Rehearing December 17, 1993.

Attorney(s) appearing for the Case

Samuel E. Klein (argued), Dechert Price & Rhoads, Harold E. Kohn, Robert J. LaRocca, Joanne Zack, Kohn, Nast & Graf, P.C., Philadelphia, PA, for Parkway Garage, Inc.

Bonnie Brigance Leadbetter (argued), Fineman & Bach, P.C., Philadelphia, PA, for Philadelphia Parking Authority.

Lek Domni (argued), Office of City Sol., Philadelphia, PA, for City of Philadelphia.

Before: GREENBERG, NYGAARD, and ROSENN, Circuit Judges.

Sur Petition for Rehearing En Banc December 17, 1993.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue raised by this appeal is what quantity of evidence suffices to prove personal knowledge and improper motive on the part of the principal official of a municipality, under 42 U.S.C.A. § 1983 (West 1981 & Supp.1993), in his decision to terminate a binding written contract. We must also interpret a contractual provision relating...

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