134 Pa.Commw. 656 (1990)

579 A.2d 1374

Robert J. CONLEY and William Trempus, Appellants, v. CITY OF PITTSBURGH, Appellee.

Commonwealth Court of Pennsylvania.

Decided September 12, 1990.

Attorney(s) appearing for the Case

Stanford A. Segal, Gatz, Cohen, Segal and Koerner, P.A., for appellants.

Joseph F. Quinn, Asst. City Sol., with him, D.R. Pellegrini, City Sol., for appellee.

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

CRAIG, Judge.

The question in this case is whether a trial court has equity jurisdiction in a dispute between the City of Pittsburgh and two city firefighters, Conley and Trempus, over the city's practice of assigning the duties of newly created civil service positions to employees in lower positions, working out of grade, rather than filling the positions as provided in the civil service laws.

Conley and Trempus have appealed to this court after the trial...

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