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GARDNER v. BOROUGH OF SAYRE.

No. 274 C.D. 1976.

28 Pa.Commw. 130 (1977)

Whitney Gardner v. Borough of Sayre. Whitney Gardner, Appellant.

Commonwealth Court of Pennsylvania.

January 10, 1977.

Attorney(s) appearing for the Case

David B. Keeffe, with him M.J. DeSisti, and DeSisti and Keeffe, for appellant.

Gerard A. Zeller, with him Landy & Zeller, for appellee.

Argued December 9, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, January 10, 1977:

The question presented by appellant is not new either as to its facts or the law involved. The appellant was hired as a police officer by appellee on September 9, 1955, and was retired involuntarily after having passed the age of 60 and having a total of 20 years service in accordance with the borough ordinance. He filed a petition for Declaratory Judgment in the court below, challenging the constitutionality of the ordinance...

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