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GARDNER ET AL. v. PEOPLES ET AL.

No. 28 T.D. 1982.

95 Pa.Commw. 600 (1986)

506 A.2d 479

John W. Gardner, C. Richard Logan, William C. Stouffer, Commissioners of the County of Blair, Pennsylvania, and Robert A. Grove, Controller of the County of Blair, Pennsylvania, Petitioners v. Thomas G. Peoples, Jr., President Judge of the Court of Common Pleas of Blair County, Pennsylvania, individually and on behalf of the Judges of the Court of Common Pleas of Blair County, Pennsylvania, and Alfred E. Wegemer, Sheriff of Blair County, Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

March 17, 1986.

Attorney(s) appearing for the Case

Michael J. Wagner, with him, James S. Routch, Evey, Routch, Black, Dorezas, Magee & Andrews, for petitioners.

D. Brook Smith, with him, Stephen D. Wicks, for respondents.

Argued October 9, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY JUDGE CRAIG, March 17, 1986:

Issue

This case presents an important and sensitive question: When a county commissioners' resolution mandates the retirement of all county employees at age 70, may it lawfully apply to court criers and court attendants on the personal staff of the judges of a common pleas court, or would its application to them violate the constitutional and statutory...

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