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JUDD v. COLES (01/10/73)

decided: January 10, 1973.

JUDD
v.
COLES, ET AL.



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Eric G. Judd v. John H. Coles, William J. Hillenbrand, Jr., Herbert W. Hite, Raymond E. Jenkins, Haynes M. McCready, Eldon D. Snyder and Russell E. Webb, Councilmen, Borough of Pleasant Hills, No. 704 July Term, 1971.

COUNSEL

Henry E. Rea, Jr., with him Brandt, McManus, Brandt & Malone, for appellants.

F. Peter Dixon, with him McGrath & Dixon, for appellee.

Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 7 Pa. Commw. Page 91]

The Borough of Pleasant Hills has appealed from an order of the Court of Common Pleas of Allegheny County in this suit in mandamus ordering the promotion of Eric Judd to the position of lieutenant on the Borough Police force and nullifying the promotion of William F. Houck to that position.

The facts are not in dispute. Mr. Judd had been a member of the Borough police holding the rank of patrolman since May 1, 1967. In May 1970, the Mayor and Council decided to promote two qualified members of the force to the position of lieutenant. A written and oral examination was conducted by the Civil Service Commission of the Borough in conjunction with the Institute of Urban Policy of the University of Pittsburgh. An Eligibility List, certified by the Secretary of the Borough Civil Service Commission, was submitted to Council, listing as eligible for promotion, the following:

Name & Address Score

1. Harry P. Fallert

325 Rennie Drive, Pgh., Pa. 15236 91.38

2. Eric G. Judd

225 Skyport Drive, W. Mifflin, Pa.

15122 87.96

3. Eugene T. Seaman

35 B Marhoeffer Drive, ...


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