FITZGERALD v. PHILADELPHIA


376 Pa. 379 (1954)

Fitzgerald, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

February 10, 1954.


Attorney(s) appearing for the Case

Harry E. Sprogell, with him Joseph P. Flanagan, Jr., for appellant.

Jerome J. Shestack, First Deputy City Solicitor, with him Richard D. Solo, Assistant City Solicitor and Abraham L. Freedman, City Solicitor, for appellee.

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


OPINION BY MR. CHIEF JUSTICE HORACE STERN, February 10, 1954:

The question is the constitutionality of the Pennsylvania Loyalty Act of December 22, 1951, P.L. 1726, with special reference to the oath prescribed in Section 5 thereof.

Plaintiff was employed as a Staff Nurse in the operating room of the Philadelphia General Hospital from October 1, 1949, to April 18, 1952, on which latter date she was dismissed because she declined to take the oath required by...

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