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GARRATT v. PHILADELPHIA

387 Pa. 442 (1956)

Garratt, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

December 29, 1956.

Attorney(s) appearing for the Case

Robert C. Grasberger, for appellant.

Thomas A. Masterson, Deputy City Solicitor, with him David Berger, City Solicitor, for appellees.

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

OPINION BY MR. JUSTICE BELL, December 29, 1956:

The Award Committee denied an award to the plaintiff, who is the widow of a City fireman who (under the pleadings) was admittedly killed on March 19, 1955, while fighting a fire. The lower Court sustained preliminary objections in the nature of a demurrer and dismissed a complaint in mandamus to compel the Award Committee to make the award, on the ground that under the City Ordinance dated December 29,

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