McMONIGLE v. PHILADELPHIA


387 Pa. 341 (1956)

McMonigle, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

December 29, 1956.


Attorney(s) appearing for the Case

Charles Polis, with him Polis & Polis, for appellant.

Abraham Wernick, Deputy City Solicitor, with him David Berger, City Solicitor, and Levy Anderson, First Deputy Solicitor, for appellees.

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


OPINION BY MR. JUSTICE MUSMANNO, December 29, 1956:

On March 24, 1952, the plaintiff in this case, Frank X. McMonigle, was discharged by the pertinent municipal authorities from his position as clerk in the Children's Agent Division of the office of the County Commissioners of Philadelphia at a salary of $3340 per annum. Nearly four years later, on January 29, 1956, he instituted mandamus proceedings against the City of Philadelphia...

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