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COM. ex rel. MAURER v. O'NEILL

368 Pa. 369 (1951)

Commonwealth ex rel. Maurer, Appellant, v. O'Neill.

Supreme Court of Pennsylvania.

September 24, 1951.

Attorney(s) appearing for the Case

Lewis R. Linet and J.H. Brennan, with them Robert I. Morris and Brennan and Brennan, for appellants.

Hyman A. Guth, with him Fred C. Gartner, for appellees.

Walter E. Alessandroni, for The American Legion, Pennsylvania.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. CHIEF JUSTICE DREW, September 24, 1951:

This complaint in quo warranto challenges the constitutionality of the Veterans Preference Act of May 22, 1945, P.L. 837, as amended. The court below upheld the constitutionality of the act and dismissed the complaint.

The facts are undisputed and may be stated briefly. George Braden and the defendants all took a civil service examination in 1949 for promotion...

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