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PHILADELPHIA v. FOP, LODGE NO. 5

140 Pa.Commw. 235 (1991)

592 A.2d 779

CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE, LODGE NO. 5, Appellee.

Commonwealth Court of Pennsylvania.

Decided May 31, 1991.

Petition for Allowance of Appeal Denied November 16, 1991.

Attorney(s) appearing for the Case

Steven K. Ludwig, Philadelphia, for appellant.

Michael R. Kopac, III, Philadelphia, for appellee.

Before PALLADINO, and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

PELLEGRINI, Judge.

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County which upheld an arbitrator's award and reinstated Johnny Boykins (Boykins) to his position as a Philadelphia Police Officer.

Boykins' suspension and dismissal arose out of an incident which occurred while he was off duty on September 7, 1985. On that date, Boykins purportedly struck an individual over the head with his fists and the...

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