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MACK v. MUNICIPALITY OF PENN HILLS

Civ. A. No. 82-0795.

547 F.Supp. 863 (1982)

Robert MACK, Plaintiff, v. MUNICIPALITY OF PENN HILLS, a township of the First Class, Phyllis Kernick, Mayor of the Municipality of Penn Hills, Harry R. McIndoe, Acting Mgr. of the Municipality of Penn Hills, the Personnel Board of the Municipality of Penn Hills, Raymond Collins, John Korinek, William McLafferty, Robert Frank, James Gray, Earl Copeland, and Howard Burton, individuals, and Police Officers in the Municipality of Penn Hills, Defendants.

United States District Court, W. D. Pennsylvania.

September 30, 1982.

Attorney(s) appearing for the Case

Bruce E. Dice, Zimmer & Dice, Oakmont, Pa., for plaintiff.

Anthony J. Martin, Monroeville, Pa., for defendants Raymond Collins, John Korinek, William McLafferty, Robert Frank, James Gray, Earl Copeland and Howard Burton.

Wayne V. DeLuca, Pittsburgh, Pa., for defendants Penn Hills, Kernick and McIndoe.

Lee Vincent Price, Pittsburgh, Pa., for defendant Personnel Bd. of Penn Hills.

OPINION

MANSMANN, District Judge.

This matter comes before the Court on a Motion to Dismiss brought by the Defendants, alleging lack of subject matter jurisdiction of this Court under Fed.R.Civ.P. 12(b)(1) and failure to state a claim upon which relief can be granted under Fed.R. Civ.P. 12(b)(6).

Police Officer Robert Mack originally filed this action1 against the Municipality of Penn Hills under 42 U.S.C. § 1983...

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