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CITY OF PHILA. v. STERLING METALWARE CO.

No. 2248 C.D. 1978.

48 Pa.Commw. 313 (1980)

The City of Philadelphia, Appellant v. Sterling Metalware Company, Appellee.

Commonwealth Court of Pennsylvania.

January 4, 1980.

Attorney(s) appearing for the Case

Agostino Cammisa, Assistant City Solicitor, with him Sheldon L. Albert, City Solicitor, Edgar R. Einhorn, Deputy City Solicitor, and James M. Penny, Jr., Deputy City Solicitor, for appellant.

Larry Haft, with him Norman Perlberger, of counsel, Blank, Rome, Comisky & McCauley, for appellees.

Argued October 4, 1979, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 4, 1980:

The City of Philadelphia (City) appeals from the dismissal of its preliminary objections to a Petition for Appointment of a Board of View. The said petition, filed by the Sterling Metalware Company (appellee), alleges a "de facto taking" under Section 612 of the Eminent Domain Code (Code),1 and Court of Common Pleas of Philadelphia County...

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