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SMITH v. BOROUGH OF CASTLE SHANNON

163 Pa.Commw. 531 (1994)

641 A.2d 671

Donald E. SMITH, Michael Cheberenchick and Joseph A. Caruso, Police Wage and Policy Committee, Appellants, v. BOROUGH OF CASTLE SHANNON, Thomas P. O'Malley, Mayor, Borough of Castle Shannon, James L. Campbell, Chief of Police, Borough of Castle Shannon; E.R. McFadden, Borough Manager, Borough of Castle Shannon; and Donald Baumgarten, Ted Kirk, Robert Carlucci, Michael Cheberenchick, Paul Coffey, Wayne McCluskey and Regis Zezulewicz, Members of Council, Borough of Castle Shannon.

Commonwealth Court of Pennsylvania.

Decided April 21, 1994.

Attorney(s) appearing for the Case

Ronald P. Koerner, for appellants.

Timothy P. O'Reilly, for appellees.

Before CRAIG, President Judge, and COLINS, McGINLEY, PELLEGRINI, FRIEDMAN, KELLEY and NEWMAN, JJ.

McGINLEY, Judge.

Donald E. Smith, Michael Cheberenchick and Joseph A. Caruso (collectively, police officers1) appeal from an order of the Court of Common Pleas of Allegheny County (common pleas court) sustaining the preliminary objections of the Borough of Castle Shannon (Borough)2 to the complaint in mandamus filed by the police officers and dismissing their complaint.

The police officers and the Borough...

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