O'DONNELL v. PHILADELPHIA


385 Pa. 189 (1956)

O'Donnell, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

May 21, 1956.


Attorney(s) appearing for the Case

William J. O'Brien, for appellants.

James L. Stern, Deputy City Solicitor, with him Jacob J. Siegel and Herbert M. Linsenberg, Assistant City Solicitors and David Berger and Abraham L. Freedman, City Solicitors, for appellee.

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


OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 21, 1956:

This is a declaratory judgment proceeding instituted by a C.I.O. Local, Philadelphia Civil Service Employees' Association, and five individual employes of the city, allegedly on behalf of all the city employes other than those employed in the Department of Public Works, to recover pay for work performed in excess of 40 hours each week during the year 1952. The court below dismissed the petitioners' prayer for...

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