Appeal from judgment of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1964, No. 2006, in case of The Marbelite Company, Inc. v. City of Philadelphia.
Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Rudolph A. Chillemi, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.
Steven A. Arbittier, with him Howard Gittis, and Wolf, Block, Schorr and Solis-Cohen, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Spaulding, J., absent). Dissenting Opinion by Wright, J. Dissenting Opinion by Montgomery, J. Hoffman, J., joins in this dissenting opinion.
[ 208 Pa. Super. Page 257]
The judgment of the Court of Common Pleas No. 5 of Philadelphia County is affirmed on the opinion of Judge Weinrott, for the court below, reported at 40 Pa. D. & C. 2d 347.
[ 208 Pa. Super. Page 258]
[EDIT ]Dissenting Opinion by Wright, J.:
This case is of great concern to the City of Philadelphia. It involves the right of the City to protect the public treasury. In my view it is not a case in which summary judgment should have been entered. The City asserts that collusion existed between employes in the Streets Department and this appellee, that certain equipment was purchased as a result of the collusion, and that this equipment was defective. Important issues of fact are presented which should be submitted to a jury.
Dissenting Opinion by ...