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ACCHIONE ET AL. v. CITY OF PHILA. ET AL.

No. 1965 C.D. 1977.

40 Pa.Commw. 214 (1979)

Henry F. Acchione and Acchione & Canuso, Inc., Appellants v. City of Philadelphia and Thomas Durkin & Sons, Inc., Appellees.

Commonwealth Court of Pennsylvania.

January 29, 1979.

Attorney(s) appearing for the Case

Gary S. Turetsky, with him Joseph H. Jacovini, and, of counsel, Dilworth, Paxson, Kalish, Levy & Kauffman, for appellants.

Barbara R. Axelrod, Assistant City Solicitor, with her Sheldon L. Albert, City Solicitor, and James M. Penny, Jr., Deputy City Solicitor, for appellee, City of Philadelphia.

Hugh J. Hutchison, with him, of counsel, Obermayer, Rebmann, Maxwell & Hippel, for appellee, Thomas Durkin & Sons, Inc.

Argued September 28, 1978, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, January 29, 1979:

Henry F. Acchione and Acchione & Canuso, Inc. (Acchione) appeal an order entered by the Court of Common Pleas of Philadelphia County denying their exceptions to a decree nisi which denied their request for injunctive relief against the City of Philadelphia (City).1 We affirm.

On April 1 and 8, 1977, the City advertised for bids on an airfield drainage project at the Philadelphia International...

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