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ARCO v. CITY OF BETHLEHEM ET AL.

No. 2135 C.D. 1981.

69 Pa.Commw. 6 (1982)

Atlantic Richfield Company, Appellant v. City of Bethlehem and Stephen L. Chanitz, Zoning Officer, Appellees.

Commonwealth Court of Pennsylvania.

September 10, 1982.

Attorney(s) appearing for the Case

Lewis R. Long, for appellant.

Richard F. Boyer, for appellees.

Argued June 10, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 10, 1982:

Atlantic Richfield Company (Arco) has appealed to us from an order of the Court of Common Pleas of Northampton County which sustained a preliminary objection "concerning res judicata" and dismissed Arco's complaint in mandamus. Judgment was entered in favor of the "defendants."1

Before the merits of this matter can be addressed, it is necessary to review the rather tortured procedural...

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