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McCLOSKEY ET AL. v. IND. CABLE. CORP. ET AL.

No. 995 C.D. 1983.

74 Pa.Commw. 435 (1983)

John F. McCloskey and City of Philadelphia, Appellants v. Independence Cablevision Corp. and Roscoe Murphy, Jr., Appellees.

Commonwealth Court of Pennsylvania.

May 25, 1983.

Attorney(s) appearing for the Case

Jill A. Douthett, Divisional Deputy City Solicitor, with her Mark A. Aronchick, Acting City Solicitor, and John J. Dibernardi, Assistant City Solicitor, for appellants.

Oscar N. Gaskins, Oscar N. Gaskins & Associates, P.C., with him Bruce W. Ficken and Joan A. Yue, Pepper, Hamilton & Scheetz, for appellants.

Argued May 11, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 25, 1983:

This is an appeal by John F. McCloskey (Commissioner)1 and the City of Philadelphia (City), and a cross-appeal by Independence Cablevision Corporation (Independence) from a Philadelphia County Common Pleas Court order. We affirm in part and reverse in part.

FACTS AND PROCEDURE

In June, 1982, City Council adopted "An Ordinance Providing for the establishment within...

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