BRENNAN v. TAYLOR.

No. 585 C.D. 1979.

68 Pa.Commw. 91 (1982)

Michael A. Brennan, Appellant v. Lewis S. Taylor, Director of Personnel of City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

July 30, 1982.


Attorney(s) appearing for the Case

John Wendell Beavers, Casper & Beavers, P.C., for appellant.

Alan J. Davis, City Solicitor, with him Judith N. Dean, Deputy City Solicitor, and Gayle R. Smith, Assistant City Solicitor, for appellee.

Submitted on briefs, June 11, 1982, to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, July 30, 1982:

This is an appeal from an order of the Court of Common Pleas of Philadelphia which sustained a preliminary objection in the nature of a petition raising the question of jurisdiction in a mandamus action. The court's order also remanded the case to the Civil Service Commission of the City of Philadelphia (Civil Service Commission).

The underlying facts as determined from the Appellant's1

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