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SHEERS ET AL. v. HIGGINS ET AL.

Nos. 70 T.D. 1987 and 71 T.D. 1987.

120 Pa.Commw. 572 (1988)

549 A.2d 614

Paul Sheers and Franklin L. Shollenberger, Majority Commissioners of Schuylkill County, and Harry A. Rubright, Chief Public Defender of Schuylkill County v. Richard F. Higgins and J. Donald Kerns, Members of the Schuylkill County Salary Board, and J. Donald Kerns, Controller of Schuylkill County. Richard F. Higgins, Appellant. Paul Sheers and Franklin L. Shollenberger, Majority Commissioners of Schuylkill County, and Harry A. Rubright, Chief Public Defender of Schuylkill County v. Richard F. Higgins and J. Donald Kerns, Members of the Schuylkill County Salary Board, and J. Donald Kerns, Controller of Schuylkill County. J. Donald Kerns, Appellant.

Commonwealth Court of Pennsylvania.

October 26, 1988.

Attorney(s) appearing for the Case

Edward M. Brennan, with him, Thomas J. Pellish, for appellants.

Frank Robert Cori, Assistant County Solicitor, for appellees.

Submitted on briefs September 13, 1988, to Judges CRAIG, BARRY and McGINLEY, sitting as a panel of three.

OPINION BY JUDGE BARRY, October 26, 1988:

Richard F. Higgins, the minority commissioner of Schuylkill County, and J. Donald Kerns, the controller of Schuylkill County, each appeal an order of the Court of Common Pleas of Schuylkill County which entered a declaratory judgment holding that an assistant public defender had been lawfully appointed and was entitled to a salary as set forth in a collective bargaining agreement between the county and its employees.

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