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SCUOTEGUAZZA v. PennDOT

Nos. 2324 C.D. 1977 and 266, 267, 268, 269, 270 and 271 C.D. 1978.

41 Pa.Commw. 534 (1979)

Peter L. Scuoteguazza, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. David L. Coles, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Harold T. Cunningham, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Donald Law, Sr., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. James W. McDade, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Kenneth D. Spaw, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. George P. Hunt, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

April 6, 1979.

Attorney(s) appearing for the Case

Robert L. Webster, with him Webster, Hallal and Webster, for petitioners.

Frank A. Fisher, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

Richard Kirschner, Jonathan K. Walters, and Markowitz & Kirschner, for amicus curiae, American Federation of State, County and Municipal Employees, AFL-CIO.

Argued February 9, 1979, before Judges ROGERS, BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 6, 1979:

This is the appeal of seven former regular status civil service employes of the Pennsylvania Department of Transportation (PennDOT) from orders of the Pennsylvania Civil Service Commission upholding their furloughs from State employment.

In the fall of 1975 the Secretary of Transportation directed the Deputy Secretary for Highway Administration to determine whether overstaffing existed within PennDOT. Pursuant to this...

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