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MOSCATIELLO v. WHITEHALL BOROUGH

848 A.2d 1071 (2004)

Franco MOSCATIELLO v. WHITEHALL BOROUGH and A. Merante Contracting, Inc. Appeal of: Whitehall Borough.

Commonwealth Court of Pennsylvania.

Decided April 14, 2004.

Reargument Denied June 7, 2004.

Attorney(s) appearing for the Case

James R. Duffy, Pittsburgh, for appellant.

Sean P. Audley, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, and COHN, Judge, and KELLEY, Senior Judge.

Reargument En Banc Denied June 7, 2004.

OPINION BY Judge COHN.

Before this Court for consideration is the appeal of Whitehall Borough (Borough) from the order of the Court of Common Pleas of Allegheny County that granted the motion for preliminary injunction of Franco Moscatiello (Taxpayer).

The relevant facts of the case are as follows. The son of Taxpayer, Antonio Moscatiello d/b/a Osiris Enterprises (Osiris...

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