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FEDIGAN v. CITY of PGH. ET AL.

No. 3626 C.D. 1984.

103 Pa.Commw. 444 (1987)

520 A.2d 907

Lawrence J. Fedigan, Appellant v. City of Pittsburgh; Thomas Flaherty, Controller, City of Pittsburgh; Jeanne Terrence; Robert W. Kubit, and Scott E. Becker, Appellees.

Commonwealth Court of Pennsylvania.

February 3, 1987.

Attorney(s) appearing for the Case

Lindsley Wyatt Love, with her, Robert O. Lampl and Janice L. Morison, for appellant.

Robert B. Smith, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellee, City of Pittsburgh.

Argued March 14, 1986, before Judge CRAIG and Senior Judges BLATT and KALISH, sitting as a panel of three.

OPINION BY JUDGE BLATT, February 3, 1987:

Lawrence J. Fedigan (appellant) appeals the November 1, 1984 order of the Court of Common Pleas of Allegheny County (trial court) which dismissed, with prejudice, the City of Pittsburgh (City) as a defendant from the appellant's declaratory judgment action.

From September 9, 1973 through July 16, 1984, the appellant had been an employee of the Pittsburgh City Controller's Office. On the latter date, he was discharged...

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