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ALLEGHENY AIRLINES, INC. et al. v. PHILA.

Appeal, No. 830 C.D. 1972.

7 Pa.Commw. 136 (1973)

Allegheny Airlines, Inc., et al. v. Philadelphia.

Commonwealth Court of Pennsylvania.

January 26, 1973.

Attorney(s) appearing for the Case

Bernard J. Smolens, with him Ralph S. Snyder and, of counsel, Schnader, Harrison, Segal & Lewis; Cleary, Gottleib, Steen & Hamilton; Pepper, Hamilton & Scheetz; and Dechert, Price & Rhoads, for appellants.

Pace Reich, Deputy City Solicitor, with him John M. McNally, Jr., First Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellee.

Argued December 6, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, January 26, 1973:

We have, after careful deliberation, reluctantly concluded that it is not possible for us to adjudicate this appeal and that it must be dismissed, without prejudice to the appellants' right to pursue their cause in another action.

On May 31, 1972, there was signed into law an ordinance of the City of Philadelphia imposing a charge of $2.00 upon each ticketed passenger arriving or departing by commercial airline in...

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