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SCHEAR APPEAL.

No. 1749 C.D. 1979.

58 Pa.Commw. 241 (1981)

In the Matter of Robert J. Schlear. Appeal From the Civil Service Commission. Robert J. Schlear, Appellant.

Commonwealth Court of Pennsylvania.

April 3, 1981.

Attorney(s) appearing for the Case

Kenneth E. Aaron, Davidson, Aaron & Tumini, for appellant.

Denise Rae Scott, Assistant City Solicitor, with her Alan J. Davis, City Solicitor, and Judith N. Dean, Deputy, Appeals Division, for appellee.

Argued March 4, 1981, before President Judge CRUMLISH and Judges CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 3, 1981:

Robert J. Schlear appeals from an order of the Court of Common Pleas of Philadelphia, affirming the Philadelphia Civil Service Commission's determination that his conduct on March 15, 1978 constituted just cause for dismissal from the Philadelphia police force.

Appellant and his partner, Edward Marshall, were assigned to patrol a certain area on the 7:00 p.m. to 3:00 a.m. shift ending on March 15. However, they reported...

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