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ALBRECHTA v. BOROUGH OF SHICKSHINNY

129 Pa.Commw. 206 (1989)

565 A.2d 198

Thomas ALBRECHTA, Appellant, v. BOROUGH OF SHICKSHINNY and Borough Council Members, Peter Long, Patricia Kokora, Albert Williams, John Kost, John Thomas, Leon Hess and Joseph Noss, Appellees.

Commonwealth Court of Pennsylvania.

Decided October 13, 1989.

Petition for Allowance of Appeal Denied May 25, 1990.

Attorney(s) appearing for the Case

Thomas J. Carlyon, Bigelow, Carlyon, Lucadamo, Sidari, DeJoseph & McNelis, Hazelton, for appellant.

Joseph J. Prociak, Law offices of Moses, Gelso & Prociak, Wilkes Barre, for appellees.

Before CRAIG and DOYLE, JJ., and NARICK, Senior Judge.

CRAIG, Judge.

Thomas Albrechta appeals a decision of the Court of Common Pleas of Luzerne County which granted a motion for judgment on the pleadings in favor of the Borough of Shickshinny and the Shickshinny Borough Council and dismissed Albrechta's Complaint in Mandamus. We affirm Judge Cappellini's decision.

The relevant facts as established in the pleadings are as follows. The Shickshinny Borough police force, at all times

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