RIZZO ET AL. v. SCHMANEK

No. 1113 C.D. 1980.

63 Pa.Commw. 547 (1981)

Frank L. Rizzo, Mayor of the City of Philadelphia et al., Appellants v. Joseph Schmanek, Appellee.

Commonwealth Court of Pennsylvania.

December 31, 1981.


Attorney(s) appearing for the Case

Louis F. Hinman, III, Deputy City Solicitor, with him, Alan J. Davis, City Solicitor, for appellants.

Kenneth E. Aaron, for appellee.

Argued November 16, 1981, before Judges WILLIAMS, JR., MacPHAIL and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, December 31, 1981:

This is an appeal by the Mayor and Police Commissioner of the City of Philadelphia (City) from an order making final a Decree Nisi in mandamus by the Court of Common Pleas of Philadelphia County compelling the City to restore Joseph Schmanek (Appellee) to the position of patrolman in the City's police department. We affirm.

The facts in this case are undisputed. Appellee entered the civil service of the City on...

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