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BALSBAUGH ET AL. v. ZECK ET AL.

No. 3210 C.D. 1984.

92 Pa.Commw. 627 (1985)

Robert L. Balsbaugh and Patrick J. Dostick, Jr., and Lebanon Lodge 42, Fraternal Order of Police v. Nicholas Zeck, Now by Successor Harold McQuate, Paul K. Fetter and Daniel L. Leib, Now by Successor Glenn Wolgemuth, Supervisors of Heidelberg Township, Lebanon County, Pennsylvania. Patrick J. Dostick, Jr., Appellant.

Commonwealth Court of Pennsylvania.

November 12, 1985.

Attorney(s) appearing for the Case

David A. Kreider, Siegrist, Koller, Brightbill & Long, for appellants.

John D. Enck, Rowe, Enck & Keys, for appellees.

Submitted on briefs September 9, 1985, to Judges ROGERS and MacPHAIL, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 12, 1985:

Patrick J. Dostick, Jr. has appealed an order of the Court of Common Pleas of Lebanon County dismissing his suit in mandamus against the Supervisors of Heidelberg Township (township).

The issue is that of whether the court of common pleas erred by rejecting Dostick's plea that the township was collaterally estopped from defending against his action for reinstatement...

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