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EISENBERGER v. HARRISBURG P. P. COM.

400 Pa. 418 (1960)

Eisenberger, Appellant, v. Harrisburg Police Pension Commission.

Supreme Court of Pennsylvania.

June 29, 1960.

Attorney(s) appearing for the Case

William S. Livengood, Jr., with him Charles J. Ware, and Livengood, Braucher & Stroup, for appellant.

James S. Bowman, Assistant City Solicitor, with him Spencer G. Hall, City Solicitor, for Police Pension Commission, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE COHEN, June 29, 1960:

This is an appeal from the judgment entered for the appellee Commission by the lower court in an action in mandamus. The facts herein recited are taken from the stipulation by the parties and the history as set forth in counsel's briefs.

As of May 20, 1958, Earl F. Eisenberger, appellant, was over fifty years of age and had served as a member of the Harrisburg Police Department...

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