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ECKERT v. BUCKLEY, ET AL.

No. 1465 C.D. 1974.

23 Pa.Commw. 82 (1976)

William L. Eckert, Appellant v. Neil Buckley, Mayor, Carl R. Forster, Chester D. May, Frank A. Nedrow, Richard F. Moline, John E. Lovey, Onley J. Gray, John A. Marmarella, Members of Council, and the Borough of Aspinwall, Appellees.

Commonwealth Court of Pennsylvania.

January 23, 1976.

Attorney(s) appearing for the Case

Ronald P. Koerner, with him Gatz, Cohen, Segal & Koerner, for appellant.

Lee A. Donaldson, Jr., with him Donaldson, Donaldson & Gunst, for appellees.

Argued October 29, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, January 23, 1976:

This is an appeal by William L. Eckert from an order of the Court of Common Pleas of Allegheny County, dated October 21, 1974, which sustained the preliminary objection of the Borough of Aspinwall to Eckert's complaint in mandamus. The complaint requested that the court order the Borough to promote Eckert to lieutenant of police, with back pay and fringe benefits. The preliminary objection was in the nature of a demurrer...

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