GILDEA et al. v. PITTSBURGH

Appeals, Nos. 600 C.D. 1971 and 949 C.D. 1971.

5 Pa.Commw. 364 (1972)

Gildea, et al. v. Pittsburgh. Joyce, et al. v. Pittsburgh.

Commonwealth Court of Pennsylvania.

May 11, 1972.


Attorney(s) appearing for the Case

Fred E. Baxter, Jr., with him Mansmann, Beggy, McVerry and Baxter, for appellants, Joyce and Cuneen.

Peter J. Mansmann, with him James A. Wymard, for appellees, Gildea, et al.

Frederick A. Boehm, First Assistant City Solicitor, with him Daniel Curtin, Assistant City Solicitor, Eugene B. Strassburger, III, Executive Assistant City Solicitor, and Ralph Lynch, Jr., City Solicitor, for appellants-appellees, City of Pittsburgh, et al.

Argued February 22 and 24, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, May 11, 1972:

These two appeals arise out of unrelated factual backgrounds but both involve the statutory power of the Mayor of Pittsburgh or its Director of Public Safety to suspend allegedly insubordinate police officers from the Pittsburgh Bureau of Police either initially or after hearing before a police trial court for definite or indefinite periods of time.

Robert Gildea and thirty-three other police officers were suspended...

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