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BUTCHER v. PHILADELPHIA

382 Pa. 34 (1955)

Butcher v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Murray H. Shusterman, Deputy City Solicitor, with him Jacob J. Siegal, Assistant City Solicitor, Harvey Levin, Deputy City Solicitor, Jerome J. Shestack, First Deputy City Solicitor, and Abraham L. Freedman, City Solicitor, for appellants.

Wm. Barclay Lex, with him Joseph P. Flanagan, Jr., for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 23, 1955:

This appeal is from a decree of the court of common pleas enjoining officials of the City of Philadelphia from the payment of salaries to an examiner and deputy examiner in its Department of Public Health because neither official has been qualified by civil service examination and neither is exempt from such examination by law. We agree with the learned court below that the present judicial inquiry is not concerned...

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