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ALLEGHENY CON. I., INC. v. FLAHERTY et al.

Appeal, No. 11 Tr. Dkt. 1972.

6 Pa.Commw. 164 (1972)

Allegheny Contracting Industries, Inc. v. Flaherty, et al., Officers of the City of Pittsburgh.

Commonwealth Court of Pennsylvania.

July 28, 1972.

Attorney(s) appearing for the Case

George Shorall, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for appellants.

Owen B. McManus, Jr., with him James F. Malone, III, and Brandt, McManus, Brandt & Malone, for appellee.

Argued June 6, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE KRAMER, July 28, 1972:

This is an appeal from an Order of the Court of Common Pleas of Allegheny County overruling and dismissing, in part, the Preliminary Objections filed by the named appellants (hereinafter referred to collectively as "City" and individually by their respective titles).

On June 29, 1971, the Allegheny Contracting Industries, Inc. (ACI) filed a Complaint in Mandamus alleging that on three occasions the City had advertised...

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