MYRON WOLKOFF ET AL. v. JOHN OWENS ET AL.

Nos. 248 C.D. 1973 and 404 C.D. 1973.

12 Pa.Commw. 74 (1974)

Myron Wolkoff, Anthony Cognetti, Thomas Francis, Vincent Manzo, and James Doherty, All Councilmen of the City of Scranton, and Eugene J. Peters, Mayor of the City of Scranton, David Davis, Treasurer of the City of Scranton, William P. Feldcamp, Jr., Controller of the City of Scranton, Anthony Batsavage, Director of the Department of Public Safety of the City of Scranton, and the City of Scranton, Appellants, v. John Owens, Chester Cimini, Albert Kathalynas, George Zvirblis, Anthony Gustaitis, Peter Malarkey, Joseph Owca, Frank Evans, A. Chester Lenceski, Willard Getz and Albert Richards, Appellees.

Commonwealth Court of Pennsylvania.

January 15, 1974.


Attorney(s) appearing for the Case

Ralph J. Iori, Jr., with him David J. Reedy, Jr., for appellants.

Anthony P. Moses, for appellees.

Argued October 4, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, January 15, 1974:

This action in mandamus questions the propriety of the dismissal of the appellees from the Bureau of Police of the City of Scranton, allegedly made necessary by a lack of funds. At the time of the dismissal, all of the eleven appellees were full-time policemen on the Scranton force who were under 65 years of age, the compulsory retirement age, but who had served over 25 years and who therefore, upon their election, could retire...

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