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SAMMONS v. CIVIL SERVICE COM'N OF PHILA.

555 Pa. 1 (1998)

722 A.2d 1012

William SAMMONS, Appellee, v. CIVIL SERVICE COMMISSION OF the CITY OF PHILADELPHIA, Appellant.

Supreme Court of Pennsylvania.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Martin G. Malloy, Philadelphia, James M. Pacious, for City of Philadelphia.

Julian C. Wessell, III, Philadelphia, Ira B. Shrager, for William Sammons.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM:

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

Chief Justice FLAHERTY, Justice ZAPPALA, and Justice NEWMAN would dismiss the appeal as having been improvidently granted.

Justice CAPPY files an Opinion in Support of Reversal in which Justice CASTILLE and NIGRO join.

OPINION IN SUPPORT OF REVERSAL

CAPPY, Justice.

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