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KLESCHICK v. CIVIL SERVICE COMM.

No. 1774 C.D. 1975.

27 Pa.Commw. 125 (1976)

Joseph Kleschick v. Civil Service Commission of the City of Philadelphia. Joseph Kleschick, Appellant.

Commonwealth Court of Pennsylvania.

October 27, 1976.

Attorney(s) appearing for the Case

Ronald Wolf, with him Salvatore J. Cucinotta, and Pirillo, Cucinotta & Tumini, for appellant.

Gayle R. Smith, with her Ralph J. Teti, Assistant City Solicitor, James M. Penny, Jr., Assistant City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Argued October 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., and WILKINSON, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, October 27, 1976:

Appellant was dismissed from the Philadelphia Police Department, effective May 18, 1974, and an appeal was filed with the Civil Service Commission (Commission). After a hearing the Commission found that a fair preponderance of the evidence proved the allegation that:

On Thursday, April 18, 1974, while off duty, you [appellant] were apprehended in an automobile in the Lincoln Drive-In Theater on Route 1 along with...

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