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MINICH v. COUNTY OF JEFFERSON

919 A.2d 356 (2007)

John MINICH, Stanley L. Switzer, and Randy Kiehl v. The COUNTY OF JEFFERSON; The Honorable Ira W. Sunderland, David Black and Donna Hoffman, Commissioners of Jefferson County; and Thomas A. Demko, Sheriff of Jefferson County, Appeal of Thomas A. Demko, Sheriff of Jefferson County.

Commonwealth Court of Pennsylvania.

March 14, 2007.

Attorney(s) appearing for the Case

Thomas W. King, III and Ronald T. Elliott, Butler, for appellant.

William R. Strong, Clarion, for appellees, John Minich, Stanley L. Switzer, and Randy Kiehl.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge FRIEDMAN.

Thomas A. Demko, Sheriff of Jefferson County, (Sheriff) appeals from the November 17, 2005, order of the Court of Common Pleas of Jefferson County (trial court), which clarified the trial court's July 9, 2004, order and entered a final decree in favor of John Minich, Stanley L. Switzer and Randy Kiehl (collectively, Plaintiffs). We reverse.

The parties stipulated to the following facts. On June 11, 2002, Jefferson County (County...

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