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STRAUSS v. CIVIL SER. COMM. OF PHILA.

No. 541 C.D. 1977.

40 Pa.Commw. 560 (1979)

Gilbert Strauss, Appellant v. Civil Service Commission of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

February 23, 1979.

Attorney(s) appearing for the Case

William P. James, with him Louis Lipschitz, for appellant.

Julian Wessel, Assistant City Solicitor, with him Gayle R. Smith, Assistant City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Argued September 28, 1978, before Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 23, 1979:

Effective December 23, 1973, the Philadelphia Fire Department (Department) dismissed Gilbert Strauss from his position as a city fireman for the following reasons: (1) being at home during his regularly scheduled tour of duty on May 11, 16, 22 and 29 of 1973 in violation of specification 4:01 of the Department Discipline Directive (Directive); (2) abruptly departing...

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