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LOCAL 1400, C. C. F. F. A. ET AL. v. NACRELLI ET AL.

No. 1579 C.D. 1973.

15 Pa.Commw. 590 (1974)

Local 1400, Chester City Fire Fighters Association, Affiliated with the International Association of Fire Fighters, AFL-CIO, by its Trustee Ad Litem James McDonald, President of Local 1400, and on his own behalf, Appellants, v. John H. Nacrelli, Mayor of Chester, Pennsylvania, and Councilmen of Chester, Pennsylvania, James Sharp, Leo Holmes, Clement McGovern and Alexander Osowski, Appellees.

Commonwealth Court of Pennsylvania.

December 13, 1974.

Attorney(s) appearing for the Case

Louis H. Wilderman, with him Meranze, Katz, Spear & Wilderman, for appellants.

Melvin G. Levy, with him, of counsel, Levy and Levy, for appellees.

Argued October 8, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, December 13, 1974:

The Chester City Fire Fighters Association (Local 1400) has taken an appeal from an order of the Court of Common Pleas of Delaware County sustaining Chester City's preliminary objections and dismissing Local 1400's complaint in mandamus.

The controversy presently before this Court has its roots in the passage of the Act of June 24, 1968, P.L. 237, 43 P.S. § 217.1 et seq., commonly referred to as Act...

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