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CO. OF ALLEGHENY ET AL. v. ZIMMERMAN ET AL.

No. 41 C.D. 1982.

71 Pa.Commw. 32 (1983)

County of Allegheny et al., Petitioners v. Commonwealth of Pennsylvania, LeRoy Zimmerman and Robert Colville, Respondents.

Commonwealth Court of Pennsylvania.

January 5, 1983.

Attorney(s) appearing for the Case

James H. McLean, County Solicitor, with him Robert L. McTiernan, Assistant County Solicitor, for petitioners.

Allen C. Warshaw, Deputy Attorney General, Chief of Special Litigation, with him Marlene W. Jackson, Deputy Attorney General, for respondents.

Submitted on briefs October 5, 1982, to President Judge CRUMLISH, JR. and Judges WILLIAMS, JR., CRAIG, MacPHAIL and DOYLE.

OPINION BY JUDGE DOYLE, January 5, 1983:

This case is before us on a motion for summary judgment under Pa. R.C.P. No. 1035 in a declaratory action which names the Commonwealth as a defendant and seeks resolution of an apparent conflict between provisions in the Second Class County Code (Code), Act of July 28, 1953, P.L. 723, as amended, 16 P.S. §§ 3101-6302 and the federal Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§...

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