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JOHNSON ET UX. v. CITY OF PHILA.

No. 3 T.D. 1983.

93 Pa.Commw. 87 (1985)

Garrick P. Johnson and Cynthia Johnson, Appellants v. City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

November 21, 1985.

Attorney(s) appearing for the Case

Andrew Elash, Ominsky, Joseph & Welsh, P.C., for appellants.

Barbara Axelrod, Assistant City Solicitor, with her, Mark A. Aronchick, City Solicitor, Jill A. Douthett, Divisional Deputy City Solicitor, and Janet Stern Holcombe, Assistant City Solicitor, for appellee.

Argued April 8, 1985, before Judges ROGERS and COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, November 21, 1985:

Garrick and Cynthia Johnson (petitioners), who are husband and wife, appeal here from an order of the Court of Common Pleas of Philadelphia County sustaining the respondents' preliminary objection in the form of a demurrer and dismissing the petitioners' complaint against the City of Philadelphia (City).

The complaint alleged in pertinent part that, on the date...

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