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P. S. L. F. O. OF P. v. CITY OF WILKES-BARRE

Nos. 239 and 292 C.D. 1977.

37 Pa.Commw. 60 (1978)

Pennsylvania State Lodge Fraternal Order of Police et al., Appellants v. City of Wilkes-Barre et al., Appellees. City of Wilkes-Barre et al., Appellants v. Pennsylvania State Lodge Fraternal Order of Police et al., Appellees.

Commonwealth Court of Pennsylvania.

July 28, 1978.

Attorney(s) appearing for the Case

Richard Kirschner, with him Neal Goldstein, and Markowitz & Kirschner, for Pennsylvania State Lodge Fraternal Order of Police, et al.

Mark A. Ciavarella, Jr., City Solicitor, for City of Wilkes-Barre, et al.

Argued April 4, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE MENCER, July 28, 1978:

We have for our consideration cross appeals from an order of the Court of Common Pleas of Luzerne County which sustained the City of Wilkes-Barre's preliminary objection in the nature of a demurrer to an amended complaint in mandamus of the Pennsylvania State Lodge Fraternal Order of Police and dismissed the complaint.1

Since the order entered by the court below was not adverse to the City...

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