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SHELBURNE SPORTSWEAR v. PHILADELPHIA (03/16/65)

decided: March 16, 1965.

SHELBURNE SPORTSWEAR, INC.
v.
PHILADELPHIA, APPELLANT



Appeal from order of Court of Common Pleas No. 6 of Philadelphia County, June T., 1961, No. 2849, in case of Shelburne Sportswear, Inc. v. City of Philadelphia.

COUNSEL

Levy Anderson, First Deputy City Solicitor, with him Gerald Gornish, Assistant City Solicitor, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.

Richard B. Malis, with him Malis, Malis & Malis, for appellee.

Bell, C. J., Musmanno, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 416 Pa. Page 559]

An examination of the record in this appeal indicates that the amount in controversy is such that this court lacks jurisdiction to entertain the appeal. As in Kungsgaten, Inc. v. Phila., 416 Pa. 352, 206 A.2d 8 (1965), this appeal under our Rule 68-1/2, was improvidently

[ 416 Pa. Page 560]

    permitted, and the case must be remitted to the Superior Court.

The matter is remitted to the Superior Court.

Disposition

Appeal remitted to Superior Court.

19650316

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