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CITY COUNCIL, CITY OF READING v. EPPIHIMER

835 A.2d 883 (2003)

CITY COUNCIL of the CITY OF READING v. Joseph D. EPPIHIMER, Mayor for the City of Reading, Jeffrey White, Managing Director for the City of Reading and David Cituk, City Auditor for the City of Reading, Appeal of Joseph D. Eppihimer, Mayor for the City of Reading and Jeffrey White, Managing Director for the City of Reading.

Commonwealth Court of Pennsylvania.

Decided November 17, 2003.

Attorney(s) appearing for the Case

Leonard A. Busby, Philadelphia, for appellants.

Andrew N. Howe, Reading, for appellee.

BEFORE: PELLEGRINI, Judge, and COHN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN.

Joseph D. Eppihimer, Mayor of the City of Reading (Mayor), and Jeffrey White, Managing Director of the City of Reading (Managing Director),1 appeal the order of the Court of Common Pleas of Berks County that granted the Complaint in Declaratory Judgment filed by the City Council of the City of Reading. The trial court held, inter alia, that City Council has the authority to create and fill the two newly created...

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