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DeVITO v. CIVIL SERVICE COMM.

404 Pa. 354 (1961)

DeVito v. Civil Service Commission, Appellant.

Supreme Court of Pennsylvania.

June 26, 1961.

Attorney(s) appearing for the Case

Levy Anderson, First Deputy City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for Civil Service Commission, appellant.

Samuel C. Tabbey and Ray E. Machen, with them Bernard J. Lemisch, for appellees.

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

OPINION BY MR. JUSTICE BELL, June 26, 1961:

The present appellees — DeVito and Stape — were police officers in the City of Philadelphia. On the night of August 21, 1958, DeVito was assigned to investigate the premises of the Foland Furniture Company where a door had been found ajar by the night watchman. He proceeded to the building in a police car and shortly after his arrival there was joined by Stape. DeVito...

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