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WARREN v. PHILADELPHIA (06/27/55)

June 27, 1955

WARREN
v.
PHILADELPHIA, APPELLANT.



Appeals, Nos. 201, 202 and 200, Jan. T., 1955, from decree of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1954, Nos. 6327, 6420 and 6518, in cases of John Warren and Property Owners Association of Philadelphia, Inc. and Queen Lane Village, Inc., and Queen Lane Manor, Inc., intervenors, v. City of Philadelphia, George Braeunig, Jr. v. City of Philadelphia, and Frank Giacobbo et al. v. City of Philadelphia. Decree reversed.

COUNSEL

Abraham L. Freedman, City Solicitor, with him Jacob J. Siegal and I. Jerome Stern, Assistant City Solicitors, Jerome J. Shestack, First Deputy City Solicitor, for appellant.

D. Arthur Magaziner, Philip Sterling, and Sterling, Magaziner, Stern & Levy, for appellees.

Joseph A. Keough, for appellee.

Morris B. Levitt, for appellees.

Simon Lenson, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Arnold

[ 382 Pa. Page 381]

OPINION BY MR. JUSTICE ARNOLD

These three cases were argued together and will be disposed of in one opinion.

The several plaintiffs filed bills in equity against the City of Philadelphia, seeking a permanent injunction declaring defendant's rent control ordinance of 1955 void,*fn1 and restraining the enforcement thereof.

[ 382 Pa. Page 382]

The city filed an answer to the complaint in equity and set up new matter. On motion for judgment on the pleadings the court below declared the Philadelphia Rent Control Ordinance unconstitutional and void. The ...


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