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FOB, PHILA. LODGE NO. 5 v. RIZZO ET AL.

No. 3220 C.D. 1980.

68 Pa.Commw. 560 (1982)

Fraternal Order of Police, Philadelphia Lodge No. 5, Appellant v. Frank L. Rizzo, Mayor of the City of Philadelphia et al., Appellees.

Commonwealth Court of Pennsylvania.

September 2, 1982.

Attorney(s) appearing for the Case

Jonathan Walters, Kirschner, Walters & Willig, for appellant.

Alan J. Davis, City Solicitor, with him Jill A. Douthett, Deputy City Solicitor, and D. Rae Scott-Jones, Assistant City Solicitor, for appellees.

Submitted on briefs June 7, 1982, to Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, September 2, 1982:

The appellant, the Fraternal Order of Police, Philadelphia Lodge No. 5 (FOP), appeals from an order of the Court of Common Pleas of Philadelphia County denying its request for mandamus.

The court below found that civil service regulations were implemented in 1957 providing that Philadelphia city employees whose annual salaries were higher than a certain rate were not entitled to extra pay for overtime work but that...

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