PHIPPS v. MELLON

No. 667.

18 Pa. D. & C. 2d 80 (1958)

Phipps v. Mellon

Common Pleas Court of Montgomery County, Pennsylvania.

December 23, 1958.


Attorney(s) appearing for the Case

Walter Phipps, Jr., for plaintiff.

Francis T. Dennis, for defendant.


GROSHENS, J., December 23, 1958.

This is an action in mandamus brought by the chief of police against the burgess and borough council alleging illegal removal from office and seeking reinstatement thereto. Defendant filed an answer denying illegality and alleging the action of removal was within the borough's governmental powers.

Plaintiff's motion for judgment on the pleadings is before the court en banc for disposition.

From the pleadings, it appears...

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