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PHILA v. PHILA. TRANS. CO.

404 Pa. 282 (1961)

Philadelphia, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

June 26, 1961.

Attorney(s) appearing for the Case

Harold E. Kohn, with him William T. Coleman, Jr., Special Counsel for City of Philadelphia, and David Berger, City Solicitor, for appellant.

Hamilton C. Connor, Jr., with him Edward G. Bauer, Jr., Peter Platten, and Ballard, Spahr, Andrews & Ingersoll, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, June 26, 1961:

This appeal presents the problem of the availability of a declaratory judgment proceeding to construe and interpret an option-to-purchase provision in a written agreement between the City of Philadelphia (City) and Philadelphia Transportation Company (PTC).

On July 1, 1907, the City and the Philadelphia Rapid Transit Company, of which PTC is now the successor, entered into a written agreement which,...

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