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MYERS APPEAL

Nos. 398 and 397 C.D. 1977.

33 Pa.Commw. 430 (1978)

Appeal From Ordinance No. 384 of the Borough of Dale, Cambria County, Pa. Kenneth Myers, Jr., Appellant. Appeal From Ordinance No. 384 of the Borough of Dale, Cambria County, Pa. Paul D. Rogers, Appellant.

Commonwealth Court of Pennsylvania.

January 31, 1978.

Attorney(s) appearing for the Case

Thomas D. Caldwell, Jr., with him Fremont J. McKenrick, and Caldwell, Clouser & Kearns, for appellant, Myers.

Leo Kostman, with him Fremont J. McKenrick, for appellant, Rogers.

Randall C. Rodkey, for appellee.

Argued November 1, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, January 31, 1978:

Appellee, Borough of Dale (Borough), employed a police department consisting of two full-time officers. On September 14, 1976, the Borough Council (Council) passed Ordinance No. 384 (Ordinance), Section I of which abolished the police department and Section III of which authorized the Council to contract for police protection with the City of Johnstown pursuant to Section 1202(35) of The Borough Code (Code), Act...

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