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COM. ex rel. MALONE v. CRUMMER

375 Pa. 222 (1953)

Commonwealth ex rel. Malone v. Crummer, Appellant.

Supreme Court of Pennsylvania.

November 9, 1953.

Attorney(s) appearing for the Case

Anne X. Alpern, City Solicitor, with her Louis Rosenberg and J. Frank McKenna, Jr., for appellants.

T. Robert Brennan, with him Jas. H. Brennan and Brennan & Brennan, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 9, 1953:

This is an action in quo warranto brought by the Commonwealth at the relation of the District Attorney of Allegheny County, to the use of Donald J. Payne, to oust from their positions ten named traffic sergeants in the City of Pittsburgh. The city intervened as a party defendant. After defendants had filed an answer to the complaint, together with new matter to which plaintiff replied, the court entered...

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