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BEY v. BD. OF ED., S. D. OF PHILA.

Nos. 3148 C.D. 1983 and 3149 C.D. 1983.

87 Pa.Commw. 571 (1985)

Horace Bey, Appellant v. Board of Education, School District of Philadelphia, Appellee. Board of Education, School District of Philadelphia, Appellant v. Horace Bey, Appellee.

Commonwealth Court of Pennsylvania.

February 19, 1985.

Attorney(s) appearing for the Case

Hyman Lovitz, with him, Sidney L. Gold, Hyman Lovitz & Associates, for appellant/appellee, Horace Bey.

Eugene F. Brazil, General Counsel, for appellee/ appellant, Board of Education, School District of Philadelphia.

Argued December 13, 1984, before Judges MacPHAIL, and BARRY and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 19, 1985:

The Board of Education, School District of Philadelphia (Board) discharged Horace Bey from his employment. On appeal, the Court of Common Pleas of Philadelphia County reinstated Bey because a necessary finding by the Board was not supported by substantial evidence. The court ordered Bey reinstated with back pay from April 25, 1983. Bey appeals only that back pay decision. The Board cross-appealed and

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