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WISHNOW v. CITY of PHILA.

Nos. 1641 C.D. 1987 and 1746 C.D. 1987.

118 Pa.Commw. 289 (1988)

545 A.2d 417

Donald Wishnow, Appellant v. City of Philadelphia, Orville Jones and Morton Solomon, Appellees. City of Philadelphia, Appellant v. Donald Wishnow, Appellee.

Commonwealth Court of Pennsylvania.

July 29, 1988.

Attorney(s) appearing for the Case

Deborah R. Willig, with her, Nancy J. McCauley, and Nancy B.G. Lassen, Kirschner, Walters & Willig, for appellant.

Richard C. McNeill, Jr., Assistant City Solicitor, for appellees.

Argued June 14, 1988, before President Judge CRUMLISH, JR., Judge DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., July 29, 1988:

A Philadelphia County Common Pleas Court order granted Donald Wishnow's motion for summary judgment and ordered him reinstated without back pay to the Philadelphia Police Department. The City of Philadelphia appeals the reinstatement. Wishnow appeals the denial of back pay. For the reasons set forth below, we reverse Wishnow's reinstatement.

Wishnow, a probationary civil servant, was assigned to photograph...

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