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KELLY v. JONES

419 Pa. 305 (1965)

Kelly, Appellant, v. Jones.

Supreme Court of Pennsylvania.

November 9, 1965.

Attorney(s) appearing for the Case

Ralph D. Tive, for appellant.

Edgar R. Casper, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, November 9, 1965:

Ambrose J. Kelly was appointed Field Auditor in the Pennsylvania Department of Revenue when that position was neither under executive nor legislative civil service. Sometime after his employment, the Executive Board of the Commonwealth brought his position within the ambit of executive civil service, and directed that as a condition for continued employment he, with other incumbents, had to pass a qualifying examination...

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