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DAVID WOLFGANG v. VITO FUSCO ET AL. (06/12/80)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 12, 1980.

DAVID WOLFGANG, APPELLANT
v.
VITO FUSCO ET AL., APPELLEES

Appeal from the Order of the Court of Common Pleas of Montgomery County in case of David Wolfgang v. Vito Fusco, Plymouth Township Police, Civil Service Commissioner and Board of Township Commissioners, No. 75-10650.

COUNSEL

Walter McDonough, with him Edwin L. Guyer and Arthur L. Gutkin, for appellant.

Arthur Lefkoe, for appellees.

President Judge Crumlish and Judges Blatt and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 52 Pa. Commw. Page 208]

David Wolfgang appeals an order of the Montgomery County Common Pleas Court granting appellees', Vito Fusco et al., motion for summary judgment.

[ 52 Pa. Commw. Page 209]

The case arises out of Wolfgang's requested promotion to the rank of Sergeant based upon the results of a civil service test, the number of available positions, and the right of the township to vacate these lists under Section 512 of the Plymouth Township Civil Service Act.*fn1

Review of the record and the pleadings discloses no dispute of any material fact and that this issue is governed by Section 512 of the Plymouth Township Civil Service Act. We, therefore, affirm on the able opinion by Judge Vincent A. Cirillo, entered January 17, 1979 at No. 75-10650, Civil Action-Law, Court of Common Pleas of Montgomery County.

Order

And Now, this 12th day of June, 1980, the order of the Court of Common Pleas of Montgomery County is affirmed.

Disposition

Affirmed.


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