PHILLIPS v. NEVILLE TWP., ET AL.

No. 37 C.D. 1975.

23 Pa.Commw. 274 (1976)

Rodney Phillips, Appellant v. Township of Neville, a Municipal Corporation; William A. Nickles, Jr.; Thomas Birko; George Toth; Chester Brown and Guido Batista, Appellees.

Commonwealth Court of Pennsylvania.

February 10, 1976.


Attorney(s) appearing for the Case

Theodore E. Breault, with him Egler and Reinstadtler, for appellant.

Bresci R.P. Leonard, with him Robb, Leonard & Edgecombe, for appellees.

Argued October 31, 1975, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., February 10, 1976:

In this mandamus action, Rodney Phillips appeals from an order of the Court of Common Pleas of Allegheny County1 which dismissed his exceptions.

Phillips was employed by the Township of Neville (Township) in 1965 as a "deskman." On August 20, 1971, a member of the Township Board of Commissioners (Commissioners) found Phillips asleep at his post and fired him, effective immediately...

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