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KURUCE ET AL. v. BORO. OF McKEES ROCKS ET AL.

No. 1637 C.D. 1978.

45 Pa.Commw. 553 (1979)

John Kuruce, Donald A. Panyko and Thomas Logue v. The Borough of McKees Rocks et al. Borough of McKees Rocks, Appellant.

Commonwealth Court of Pennsylvania.

September 11, 1979.

Attorney(s) appearing for the Case

Samuel J. Pasquarelli, for appellants.

Michael J. McCaney, Jr., with him Ronald P. Koerner, and Gatz, Cohen, Segal & Koerner, for appellees.

Argued May 10, 1979, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, September 11, 1979:

Section 1190 of The Borough Code, Act of February 1, 1966, P.L. (1965) 1656, as amended, 53 P.S. § 46190, insofar as relevant to this case, requires that, when a reduction of the police force is necessary for economy reasons, "the reduction shall be effected by furloughing the man or men . . . last appointed to the. . . force." (Emphasis added.) In this case, the Borough Council of the Borough of McKees...

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