Klein v. City of Philadelphia

Opinion by

Judge Craig,

Harvey Klein appeals from a decision of the Court of Common Pleas of Philadelphia, which dismissed his taxpayer’s suit challenging the award of two municipal contracts by the City of Philadelphia to United Fuel Oil & Burner Co., Inc. The ultimate issue is whether or not the trial court erred in dismissing Klein’s complaint, on lis pendens grounds, in that an earlier taxpayer’s suit on the same contracts was pending in federal court.1

After the city awarded .the contracts to United, F. C. Haab, Co., Inc., a disappointed bidder, filed a *253taxpayer’s action to contest that…