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GIBNEY v. COUNCIL OF BORO. OF DARBY

No. 960 C.D. 1977.

38 Pa.Commw. 566 (1978)

Richard Gibney v. Council of the Borough of Darby. The Borough of Darby, Appellant.

Commonwealth Court of Pennsylvania.

November 22, 1978.

Attorney(s) appearing for the Case

Peter J. Nolan, for appellant.

Michael A. Paul, for appellee.

Argued September 28, 1978, before Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, November 22, 1978:

On March 14, 1975, Richard Gibney (Appellee), a former police officer for the Borough of Darby (Appellant), brought suit in the Court of Common Pleas of Delaware County against Appellant, claiming that he had suffered a permanent injury in the performance of his police duties. Following an adverse decision, from which no appeal was taken, Appellee filed an action in mandamus in the same Court, alleging that he had...

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