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SMITH v. TRANS. W. OF AMERICA

No. 48 T.D. 1987.

116 Pa.Commw. 143 (1988)

541 A.2d 420

Robert Joseph Smith, Appellant v. Transportation Workers of America, AFL-CIO Local 234 and Southeastern Pennsylvania Transportation Authority, Appellees.

Commonwealth Court of Pennsylvania.

May 13, 1988.

Attorney(s) appearing for the Case

Richard W. Rogers, with him, Henry J. O'Hara, Richard W. Rogers & Associates, for appellant.

Nicholas J. Staffieri, SEPTA Legal Department, for appellees.

Argued December 17, 1987, before Judges MacPHAIL and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, May 13, 1988:

Robert Joseph Smith (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County which sustained preliminary objections filed by appellee, Southeastern Pennsylvania Transportation Authority (SEPTA) and dismissed his complaint and action against SEPTA with prejudice.

On April 11, 1984, appellant was discharged by SEPTA due to an allegation that he was smoking marijuana in a restroom. Appellant,...

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