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MARSHALL v. BENTZEL ET AL.

No. 1595 C.D. 1977.

40 Pa.Commw. 273 (1979)

Elizabeth N. Marshall, Mayor of the City of York v. James S.A. Bentzel et al. William L. Adams, Elmer E. Aughenbaugh and James E. Hooker, Appellants.

Commonwealth Court of Pennsylvania.

February 5, 1979.

Attorney(s) appearing for the Case

Wentworth D. Vedder, with him William J. Althaus, and Morris, Vedder & Ream, for appellants.

Frederick S. Spangler, with him Harry J. Rubin, and Liverant, Senft and Cohen, for appellees.

Argued December 8, 1978, before Judges CRUMLISH, JR., BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, February 5, 1979:

This is an appeal from a declaratory judgment rendered by the Court of Common Pleas of York County, which held that the City Council (Council), and not the Mayor of the City of York (City) had the legal authority to fix the salaries of the Business Administrator, Director of Public Works and Director of Public Safety of the City.1

The facts as stipulated by the parties indicate that during...

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