PHILADELPHIA v. ST., CO. & MUN. EMP.


525 Pa. 468 (1990)

581 A.2d 916

CITY OF PHILADELPHIA, W. Wilson Goode, Mayor of the City of Philadelphia, Carlo R. Gambetta, Finance Director of the City of Philadelphia, Eric Pookrum, Treasurer of the City of Philadelphia, James Stanley White, Managing Director of the City of Philadelphia, Orville W. Jones, Personnel Director of the City of Philadelphia, Councilman Joseph E. Coleman, President of the City Council, Councilman David Cohen, Councilman Francis Rafferty, Councilman Leland Beloff, Councilman Lucien E. Blackwell, Councilman John F. Street, Councilman Brian F. O'Neill, Councilwoman Ann J. Land, Councilwoman Patricia Hughes, Councilwoman Joan L. Krajewski, Councilwoman Augusta A. Clark, Councilwoman Ann C. Verna, Philadelphia Board of Pensions & Retirement, Anthony Witlin, Executive Director, Philadelphia Board of Pensions & Retirement, and Joseph C. Vignola, City Controller of the City of Philadelphia, Appellants, v. DISTRICT COUNCIL 33, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO, and Earl Stout, as Trustee Ad Litem and President of District Council 33, AFSCME, AFL-CIO, Appellees.

Supreme Court of Pennsylvania.

Decided October 5, 1990.


Attorney(s) appearing for the Case

Ralph J. Teti, Philadelphia, for appellants.

Deborah Willig and Alaine S. Williams, Philadelphia, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.


ORDER OF COURT

PER CURIAM.

The Court being equally divided, the judgment of the Commonwealth Court is affirmed.

LARSEN, J., files an opinion in support of affirmance joined by ZAPPALA and PAPADAKOS, JJ.

NIX, C.J., files an opinion in support of reversal joined by FLAHERTY and McDERMOTT, JJ.

OPINION IN SUPPORT OF AFFIRMANCE

LARSEN, Justice.

This is an appeal from an en banc order of the Commonwealth Court affirming...

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