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AMERICUS C., INC. v. CITY OF ALLENTOWN

No. 190 C.D. 1987.

112 Pa.Commw. 308 (1988)

535 A.2d 1200

Americus Centre, Inc. v. City of Allentown et al. Jeffry A. Epstein and William M. Berger, t/a 535 Hamilton Mall Associates, Appellants.

Commonwealth Court of Pennsylvania.

January 5, 1988.

Attorney(s) appearing for the Case

Maria C. Mullane, with her, Blake C. Marles, Weaver, Mosebach, Piosa, Hixson, Wallitsch & Marles, for appellants, Epstein and Berger, t/a 535 Hamilton Mall Associates.

James J. Greenfield, with him, Thomas A. Leonard, Dilworth, Paxson, Kalish & Kauffman, for appellee, Americus Centre, Inc.

Thomas C. Anewalt, City Solicitor, for appellees, City of Allentown, Joseph Daddona and Donald Bernhard.

David K. McCarthy, Black, Epstein, Prokup and McCarthy, for appellees, Allentown Parking Authority, Robin Kleckner, Linda Rosenfeld, Howard D. Kunik, Watson Skinner, Charles Fletcher, Carl Stelmack and T. Anthony Iannelli.

Argued September 14, 1987, before Judge CRAIG, and Senior Judges BARBIERI and KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, January 5, 1988:

William M. Berger and Jeffry A. Epstein, t/a 535 Hamilton Mall Associates (Berger-Epstein) appeal an order of the Lehigh County Court of Common Pleas preliminarily enjoining the Allentown Parking Authority (Authority) from executing a parking lease with it until final disposition of an equity action filed by Americus Centre, Inc. The complaint which Americus Centre, Inc. filed with the lower court seeks an order requiring...

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