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SCHULTZ v. CITY OF PHILADELPHIA

314 Pa.Super. 194 (1983)

460 A.2d 833

Howard SCHULTZ, Robert Kopsitz and Charles P. Ditimer, Appellants, v. CITY OF PHILADELPHIA.

Superior Court of Pennsylvania.

Filed May 20, 1983.

Attorney(s) appearing for the Case

Gilbert E. Toll, Philadelphia, for appellants.

Ralph J. Teti, Philadelphia, for appellee.

Before SPAETH, BECK and JOHNSON, JJ.

BECK, Judge:

In this appeal, three retired Philadelphia police officers, Howard Schultz, Robert P. Kopsitz and Charles Dittmer, are appealing from the lower court's sustaining of Preliminary Objections by appellee, the City of Philadelphia, to the suit in assumpsit brought by the officers against the city.

Initially we note that an order sustaining Preliminary Objections is a final order and appealable under 42 Pa.C.S. § 742, so that jurisdiction of this...

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