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PITTSMAN v. LUGER

253 Pa.Super. 301 (1978)

384 A.2d 1355

Anthony PITTSMAN v. Charles LUGER, Robert Pettinato, Edward Zipay, County Commissioners of Lackawanna County, Appellants.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Robert Ufberg, Scranton, with him Jacob Nogi and Sheldon Rosenberg, Scranton, for appellants.

Robert W. Munley, Scranton, with him James W. McNulty, Scranton, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

This is an action in mandamus to compel appellants to reinstate appellee to a position with the Lackawanna County Department of Roads and Bridges.

Two settled requirements for mandamus are a clear legal right in the plaintiff, and a corresponding duty in the defendant. Garratt v. Philadelphia, 387 Pa. 442, 127 A.2d 738 (1956). Appellee argues that a...

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