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MOSSER, JR. v. STAISEY et al.

Appeal, No. 53 Tr. Dkt. 1971.

5 Pa.Commw. 17 (1972)

Mosser, Jr. v. Staisey, et al.

Commonwealth Court of Pennsylvania.

March 21, 1972.

Attorney(s) appearing for the Case

James L. Weisman, with him Friedman, Friedman and Weisman, P.C., for appellant.

Thomas H.M. Hough, with him Maurice Louik and Francis A. Barry, for appellees.

Argued February 22, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, March 21, 1972:

On June 12, 1965, the Civil Service Commission for Allegheny County Police and Firemen gave an examination to determine eligibility for promotion to Sergeant. As a result of this examination, one James F. McGrath placed third, George A. Ault, fourth, and Anthony E. Donatelli, fifth. When the appointing authorities "passed over" McGrath and appointed Ault and Donatelli Sergeants, McGrath brought a mandamus action to compel...

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