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KEEN ET AL. v. CITY OF PHILA. ET AL.

No. 276 C.D. 1988.

124 Pa.Commw. 213 (1989)

555 A.2d 962

John B. Keen and Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia and Kevin M. Tucker. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

March 16, 1989.

Attorney(s) appearing for the Case

Steven K. Ludwig, Assistant City Solicitor, with him, Ralph J. Teti, Chief Deputy City Solicitor, and Susan Shinkman, Divisional Deputy City Solicitor, for appellant.

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

Argued December 16, 1988, before Judges PALLADINO and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, March 16, 1989:

The City of Philadelphia (Appellant) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) granting a preliminary injunction which directed Appellant to restore and continue the salary of John B. Keen (Appellee). We reverse.

Appellee was employed as a police officer by the City of Philadelphia. On January 20, 1988, Appellee was suspended without pay from his position after he was arrested...

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