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TATE et al. v. ANTOSH et al.

Appeals Nos. 77 C.D. 1971, 78 C.D. 1971, 79 C.D. 1971, and 80 C.D. 1971.

3 Pa.Commw. 144 (1971)

Tate, et al. v. Antosh, et al. Tate, et al. v. Monacello, et al. Philadelphia, et al. v. Monacello, et al. Philadelphia, et al. v. American Federation of State, County and Municipal Employees, et al.

Commonwealth Court of Pennsylvania.

August 30, 1971.

Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Howard D. Scher, Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Levy Anderson, City Solicitor, for appellants.

Thomas F. McDevitt, for appellee firemen; Richard Kirschner, for appellee nonuniformed employees; Francis X. Nolan, for appellee policemen, with them Stanley Bashman and Donsky, Katz, Levin & Bashman.

Argued June 3, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

OPINION BY PRESIDENT JUDGE BOWMAN, August 30, 1971:

Although not so posed by the parties to these consolidated appeals, the fundamental issue is whether the judiciary — to enforce an admitted obligation of the City of Philadelphia to certain of its employees — may direct the legislative branch of the government of that city to appropriate funds to meet such obligations.

Prior decisional law makes solution of the issue difficult. Compounding the...

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