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CITY OF ERIE ET AL. v. WOZNICKI

No. 2002 C.D. 1983.

87 Pa.Commw. 13 (1985)

The City of Erie and Officers & Employees Retirement Board in the City of Erie, Pennsylvania, Appellants v. Valentine J. Woznicki, Appellee.

Commonwealth Court of Pennsylvania.

January 9, 1985.

Attorney(s) appearing for the Case

Robert D. Hain, for appellants.

George M. Schroeck, with him, Howard L. Rubenfield, for appellee.

Argued November 15, 1984, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 9, 1985:

The appellants, the City of Erie and the Officers and Employees Retirement Board in the City of Erie (retirement board) appeal from an order of the Court of Common Pleas of Erie County granting the motion of the appellee, Valentine Woznicki, for summary judgment in his mandamus action against the appellants.

Woznicki was employed by the City of Erie for twenty-one years. In May, 1977, he retired due to cardiovascular...

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