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WOLF ET AL. v. TOMINAC ET AL.

Nos. 1245 and 1246 C.D. 1972.

11 Pa.Commw. 209 (1973)

John S. Wolf, James S. Brewster, Henry E. Simone, Glenn Eastland, Earl H. Stockdale, J.K. Kessler, William S. Dyson, Richard L. Rigatti, Samuel Joseph Fair, Mary Ann Fair, William Downing, Melvin F. Woods, Charles A. Nix, Peter E. Midock, for Themselves and All Others Similarly Situated, Appellants, v. Frank M. Tominac, Raymond Staniszewski, William J. Barnes, M.D., John L. Ferber, Richard J. Stampahar and The Township of O'Hara, a Municipal Corporation, Appellees.

Commonwealth Court of Pennsylvania.

December 19, 1973.

Attorney(s) appearing for the Case

James Victor Voss, with him Joseph T. Kosek, Jr. and Neely and Voss, for appellants.

Francis P. Massco, Solicitor, for appellee.

Stanford A. Segal, with him Gatz, Cohen, Segal & Koerner, for amicus curiae, Western Pennsylvania Chiefs' of Police Association.

Argued November 7, 1973, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.

OPINION BY JUDGE WILKINSON, December 19, 1973:

On December 2, 1971, appellants commenced the two actions in the Court of Common Pleas of Allegheny County from which these appeals were taken. One, here identified as 1245 C.D. 1972, is in the form of a statutory appeal, contesting the validity of Ordinance 598 of appellee Township. The other, here identified as 1246 C.D. 1972, is in the form of a complaint in...

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