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SERGE v. CITY OF SCRANTON

Nos. 3158 C.D. 1985 and 3159 C.D. 1985.

108 Pa.Commw. 488 (1987)

529 A.2d 1191

Michael L. Serge, Appellant v. The City of Scranton, Appellee. Michael L. Serge, Appellant v. The City of Scranton, The Director of Public Safety of The City of Scranton and The Chief of Police, Appellees.

Commonwealth Court of Pennsylvania.

August 14, 1987.

Attorney(s) appearing for the Case

Peter G. Loftus, for appellant.

Carlene R. Gallo, with her, Michael J. Marrazzo, for appellee.

Thomas H. Kohn, with him, Thomas W. Jennings, Sagot & Jennings, for Amicus Curiae, Fire Fighters Local Union No. 669.

Anthony C. Busillo, II, Mancke, Lightman & Wagner, for Amicus Curiae, Police Officers, D'Amico, Burrin and Ozovek.

Argued June 12, 1987, before Judge COLINS, and Senior Judges BARBIERI and NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, August 14, 1987:

This is an appeal by Michael Serge (Appellant)1 from an order of the Court of Common Pleas of Lackawanna County granting the City of Scranton's (City) motion for summary judgment. We reverse.

The facts are not in dispute. Appellant is a police officer employed by the City of Scranton, a second class city. On or about April...

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