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CIVIL SERV. COM'N v. HUMAN REL. COM'N

527 Pa. 315 (1991)

591 A.2d 281

CIVIL SERVICE COMMISSION OF CITY OF PITTSBURGH, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA HUMAN RELATIONS COMMISSION, Appellee.

Supreme Court of Pennsylvania.

Decided May 14, 1991.

Attorney(s) appearing for the Case

Joseph F. Quinn, Asst. City Sol., Pittsburgh, for appellant.

Elisabeth S. Shuster, William R. Fewell, Jr., Lorraine S. Caplan, Pennsylvania Human Relations Com'n, Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

In March of 1980, Perry DeMarco requested a transfer from a federally funded position with the City of Pittsburgh (hereinafter, "the City") to a regular, full-time position as a laborer in the Department of Parks and Recreation. The City informed DeMarco that he did not meet the Civil Service height-weight requirements for transfer to the regular City position of laborer, but...

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