JACOBS, Judge:
The facts in this case are uncontroverted. On August 16, 1975 two Philadelphia police officers, James Cattalo and Harry Marnie were walking down Wolf Street in Philadelphia after working the night shift. Officer Cattalo was wearing his blue policeman's shirt, which was unbuttoned and out of his trousers, his official bluestriped police trousers and his service revolver on his right hip. He did not have his nameplate, badge, blackjack or nightstick....
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