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PONTIOUS v. RIPPY

139 Pa.Commw. 137 (1991)

589 A.2d 1188

Joseph J. PONTIOUS, Appellant, v. Michael RIPPY, Reynold Galdini, Albert Abplanalp, Hudnell Cladwell, Norman Haight, Alfred Maletto, and Rudolph Kocjancic, Members of the Borough Council of the Borough of Johnsonburg, Appellees.

Commonwealth Court of Pennsylvania.

Decided April 11, 1991.

Reargument Denied May 29, 1991.

Attorney(s) appearing for the Case

Thomas G. Wagner, Meyer & Wagner, St. Marys, for appellant.

Vernon D. Roof, Pontzer & Roof, Ridgway, for appellees.

Before DOYLE and KELLEY, JJ., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

Joseph J. Pontious (Pontious) appeals from an order of the Court of Common Pleas of Elk County, dated May 1, 1990, which denied his motion for summary judgment and granted summary judgment in favor of the appellees, members of the Borough Council of the Borough of Johnsonburg (collectively, Borough Council). The trial court determined that Pontious' military service from June 1974 through July 1977 does not bring him within the statutory definition...

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