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KLEIN v. CITY OF PHILADELPHIA ET AL.

No. 2145 C.D. 1982.

77 Pa.Commw. 251 (1983)

Harvey Klein, Appellant v. City of Philadelphia and United Fuel Oil & Burner Co., Inc., Appellees.

Commonwealth Court of Pennsylvania.

September 22, 1983.

Attorney(s) appearing for the Case

Neil A. Morris, with him, Gary Green, Sidkoff, Pincus, Greenberg & Green, P.C., for appellant.

Leslie Simkin, Assistant City Solicitor, with her, Gail Mitchell, Paul R. Rosen and Jill A. Douthett, Deputy City Solicitors, and Mark A. Aronchick, Acting City Solicitor, for appellees.

Argued June 6, 1983, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, September 22, 1983:

Harvey Klein appeals from a decision of the Court of Common Pleas of Philadelphia, which dismissed his taxpayer's suit challenging the award of two municipal contracts by the City of Philadelphia to United Fuel Oil & Burner Co., Inc. The ultimate issue is whether or not the trial court erred in dismissing Klein's complaint, on lis pendens grounds, in that an earlier taxpayer's suit on the same contracts was pending in...

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