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F.O.P., LODGE 5 v. CITY OF PHILA.

No. 1163 C.D. 1988.

125 Pa.Commw. 209 (1989)

557 A.2d 805

Fraternal Order of Police Lodge No. 5 and Robert S. Hurst, in his capacity as President, Fraternal Order of Police Lodge No. 5, Appellants v. City of Philadelphia and Kevin M. Tucker, individually and in his capacity as Police Commissioner, Philadelphia Police Department, Appellees.

Commonwealth Court of Pennsylvania.

April 17, 1989.

Attorney(s) appearing for the Case

Robert B. Mozenter, with him, Anthony J. Molloy, Jr., Mozenter, Molloy & Durst, for appellants.

Ralph J. Teti, Chief Deputy City Solicitor, for appellees.

Argued March 8, 1989, before President Judge CRUMLISH, JR. and Judges CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE McGINLEY, April 17, 1989:

The Fraternal Order of Police, Lodge No. 5, and Robert S. Hurst in his capacity as Lodge President (collectively, FOP), appeal from an order of the Court of Common Pleas of Philadelphia County (court of common pleas) denying the FOP's preliminary injunction to stay the implementation of a urinalysis drug screening program by the Police Commissioner of the City of Philadelphia (Commissioner). We affirm.

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