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SKILES, ET AL. v. CITY OF LANCASTER, ET AL.

No. 1109 C.D. 1975.

24 Pa.Commw. 580 (1976)

Cary J. Skiles and Charles W. Colson, Individually and on behalf of all similarly situated employees of the Fire Department of the City of Lancaster, Appellants v. the City of Lancaster, et al., Appellees.

Commonwealth Court of Pennsylvania.

May 24, 1976.

Attorney(s) appearing for the Case

Richard Kirschner, with him Richard H. Markowitz, Stephen C. Richman, Robert S. Pearlstein, and Markowitz & Kirschner, for appellants.

Stephen J. Weglarz, with him Michael J. Lotito, and Barley, Snyder, Cooper & Mueller, for appellees.

Argued February 2, 1976, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.

OPINION BY JUDGE BLATT, May 24, 1976:

This is an appeal from a decision of the Court of Common Pleas of Lancaster County, dated July 11, 1975, which sustained the defendant's preliminary objections to the plaintiff's class action petition for a Writ of Mandamus and dismissed the petition. The City of Lancaster (City) and Local 319, International Association of Firefighters, AFL-CIO (Union) had entered into collective bargaining negotiations and, pursuant to Section...

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