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BOROUGH OF BRISTOL v. DOWNS

No. 2724 C.D. 1978.

48 Pa.Commw. 46 (1979)

Borough of Bristol, Appellant v. Hubert Downs, Appellee.

Commonwealth Court of Pennsylvania.

December 17, 1979.

Attorney(s) appearing for the Case

Richard M. Snyder, with him Begley, Carlin, Mandio & Popkin, for appellant.

William F. Coyle, with him Abrahams & Loewenstein, for appellee.

Argued October 5, 1979, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 17, 1979:

The Borough of Bristol (Borough) appeals to us from an order of the Court of Common Pleas of Bucks County which affirmed the Bristol Borough Civil Service Commission's (Commission) decision that the Borough had abused its discretion in permanently demoting police Sergeant Hubert Downs to patrolman.

The facts are undisputed. On January 17, 1978, Sergeant Downs worked a 4 p.m. to 12 a.m. shift and he was the highest...

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