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WOLFGANG v. FUSCO ET AL.

No. 2932 C.D. 1978.

52 Pa.Commw. 208 (1980)

David Wolfgang, Appellant v. Vito Fusco et al., Appellees.

Commonwealth Court of Pennsylvania.

June 12, 1980.

Attorney(s) appearing for the Case

Walter McDonough, with him Edwin L. Guyer and Arthur L. Gutkin, for appellant.

Arthur Lefkoe, for appellees.

Argued April 10, 1980, before President Judge CRUMLISH and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.

OPINION BY PRESIDFNT JUDGE CRUMLISH, June 12, 1980:

David Wolfgang appeals an order of the Montgomery County Common Pleas Court granting appellees', Vito Fusco et al., motion for summary judgment.

The case arises out of Wolfgang's requested promotion to the rank of Sergeant based upon the results of a civil service test, the number of available positions, and the right of the township to vacate these...

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