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THELIN v. BORO. OF WARREN

No. 21 T.D. 1988.

118 Pa.Commw. 336 (1988)

544 A.2d 1135

Roger Thelin, an individual citizen, Appellant v. Borough of Warren, a municipal corporation, Appellee.

Commonwealth Court of Pennsylvania.

August 3, 1988.

Attorney(s) appearing for the Case

Joseph A. Massa, Jr., for appellant.

William F. Morgan, for appellee.

Argued May 24, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 3, 1988:

Roger Thelin appeals a Warren County Common Pleas Court order which dismissed his mandamus complaint. We affirm.

Thelin, a 49 year old Warren Borough police officer with almost 25 years' service, resigned in 1980 as the borough's chief of police. Under the pension plan then in effect,1 Thelin was eligible to withdraw only his contributions to the plan plus interest, because...

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