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FOX v. CIV. SER. COMM. OF PHILA.

No. 1 C.D. 1983.

83 Pa.Commw. 431 (1984)

John F. Fox, Jr., Appellant v. Civil Service Commission of the City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

July 2, 1984.

Attorney(s) appearing for the Case

Michael A. Tier, with him, F. Emmett Fitzpatrick, F. Emmett Fitzpatrick, P.C., for appellant.

Jesse Milan, Jr., with him, Kenneth L. Fox, Assistant City Solicitor, Barbara Axelrod, Deputy City Solicitor and Mark A. Aronchick, City Solicitor, for appellee.

Argued April 4, 1984, before Judges ROGERS, CRAIG and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, July 2, 1984:

This appeal results from an order of the Court of Common Pleas of Philadelphia, affirming a decision of the appellee, the Civil Service Commission of the City of Philadelphia (Commission), which sustained the dismissal of appellant, John F. Fox, from the Philadelphia Police Department.

On May 29, 1980, appellant, then an officer of the Philadelphia Police Department, responded to a police radio call concerning a problem...

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