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INDEPENDENT ENTERPRISES v. PITTSBURGH WATER AND SEWER AUTHORITY

No. 96-3009.

103 F.3d 1165 (1997)

INDEPENDENT ENTERPRISES INC.; Thomas Lozecki, Appellants, v. PITTSBURGH WATER AND SEWER AUTHORITY; City of Pittsburgh.

United States Court of Appeals, Third Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Alan S. Miller (argued), Picadio, McCall, Kane & Norton, Pittsburgh, PA, for Appellants.

Kimberly A. Brown (argued), Stacey L. Jarrell, Thorp, Reed & Armstrong, Pittsburgh, PA, and Craig E. Frischman, Kapetan, Meyers, Rosen, Louik & Raizman, Pittsburgh, PA, for Appellee Pittsburgh Water and Sewer Authority.

Virginia S. Scott (argued), City of Pittsburgh Department of Law, Pittsburgh, PA, for Appellee City of Pittsburgh.

Before: BECKER, STAPLETON and MICHEL, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

We here review the district court's dismissal under Fed.R.Civ.P. 12(b)(6) of a multiple-count complaint brought against the City of Pittsburgh (the "City") and the Pittsburgh Water & Sewer Authority (the "Authority") by Independent Enterprises Inc. ("Independent"), a construction company, and Thomas Lozecki, a City taxpayer and Authority rate-payer.1 The claims asserted...

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