TOLAN v. HICKEY ET AL.

No. 1622 C.D. 1978.

43 Pa.Commw. 236 (1979)

Fraternal Order of Police, E.B. Jermyn Lodge No. 2, by Thomas P. Tolan, Jr., President, Trustee ad litem, Appellant v. Eugene F. Hickey, Mayor of the City of Scranton et al., Appellees.

Commonwealth Court of Pennsylvania.

June 5, 1979.


Attorney(s) appearing for the Case

Anthony P. Moses, for appellant.

Ralph J. Iori, Jr., with him John J. Brazil, for appellee.

Argued April 5, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.


OPINION BY JUDGE MENCER, June 5, 1979:

A specific clause in the employment contract between the City of Scranton and members of its police force reads as follows: "That, the Chief of Police, and in the event the City shall employ a Commissioner of Police, or Superintendent of Police or some other similar plan, the person who fills the position, must come from the ranks of Scranton Police Department."

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