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BORO. OF WILKINSBURG v. HORNER.

No. 1300 C.D. 1984.

88 Pa.Commw. 594 (1985)

Borough of Wilkinsburg, Appellant v. Maxine C. Horner, Appellee.

Commonwealth Court of Pennsylvania.

April 18, 1985.

Attorney(s) appearing for the Case

Virginia I. Cook, Borough Solicitor, for appellant.

Joseph Sabino Mistick, Mistick & Giltinan, P.C., for appellee.

E. J. Strassburger, with him, Charles J. Avalli, Strassburger, McKenna, Messer, Shilobod & Gutnick, for intervenor, Clark Sanitation Services, Inc.

Argued March 12, 1985, before Judges CRAIG and DOYLE and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 18, 1985:

The Borough of Wilkinsburg appeals an order of the Court of Common Pleas of Allegheny County which granted a preliminary injunction to taxpayer Maxine Horner, enjoining the borough from performing a refuse collection contract with Clark Sanitation under a renewal clause allegedly in violation of the competitive bidding requirements of The Borough Code.1

We agree with the borough that Clark...

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