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BROADWAY MAIN. CORP. v. HEMPHILL

408 Pa. 271 (1962)

Broadway Maintenance Corporation v. Hemphill, Appellant.

Supreme Court of Pennsylvania.

July 24, 1962.

Attorney(s) appearing for the Case

Karl I. Schofield, Assistant City Solicitor, James L. Stern, Deputy City Solicitor, Levy Anderson, First Deputy City Solicitor, and David Berger, City Solicitor, for appellant.

Alexander Hemphill, appellant, in propria persona, submitted a brief.

Howard Gittis, Thomas D. McBride, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE EAGEN, July 24, 1962:

In this action of mandamus, judgment was entered on the pleadings against the defendant, the Controller of the City of Philadelphia. The legal correctness of this judgment is questioned by this appeal.

The basic and controlling facts, all undenied and admitted in the pleadings, are as follows:

The Department of Streets and the Procurement Department of the City of Philadelphia advertised for the submission...

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