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MAMALLIS v. MILLBOURNE BOROUGH

401 Pa. 375 (1960)

Mamallis, Appellant, v. Millbourne Borough.

Supreme Court of Pennsylvania.

October 10, 1960.

Attorney(s) appearing for the Case

Howard Richard, with him Berman, Richard & Brian, for appellant.

Stephen J. McEwen, Jr., with him McEwen and McEwen, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, October 10, 1960:

This involves two interrelated mandamus actions tried in the court below without a jury. From judgments in favor of the defendants, these appeals are prosecuted.

At some time (the exact date not appearing of record) in December 1955, Nicholas Mamallis, plaintiff-appellant in each of these consolidated appeals, was appointed "acting captain" of the police force of the Borough of Millbourne. He continued in that...

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