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IN RE: APPEAL OF AUSTERLITZ ET AL.

No. 2818 C.D. 1980.

63 Pa.Commw. 140 (1981)

In Re: Appeal of Daniel Austerlitz et al. Robert Alexander, Robert Mack, John DeRiggi and Frank Myers, Appellants.

Commonwealth Court of Pennsylvania.

December 10, 1981.

Attorney(s) appearing for the Case

Kenneth Benson, with him Bruce E. Dice, Zimmer & Dice, for appellants.

Mary Ann Martin, with her Anthony J. Martin, for appellees, Daniel Austerlitz et al.

Henry G. Beamer, for appellee, Municipality of Penn Hills.

Argued October 5, 1981, before President Judge CRUMLISH, JR. and Judges ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 10, 1981:

Appellants Alexander, Mack, DeRiggi and Myers petitioned the Court of Common Pleas of Allegheny County to intervene in a civil service appeal brought by other police officers, pursuant to which the court had ordered appellants' promotions in the Penn Hills police department rescinded. Appellants sought a rule to vacate the order. After hearing argument, Judge STAISEY denied intervention and discharged the rule.

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