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AL AMBRON ET AL. v. PHILADELPHIA CIVIL SERVICE COMMISSION. LEWIS TAYLOR (04/27/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: April 27, 1983.

AL AMBRON ET AL.
v.
PHILADELPHIA CIVIL SERVICE COMMISSION. LEWIS TAYLOR, PERSONNEL DIRECTOR AND EDWARD G. RENDELL, DISTRICT ATTORNEY, APPELLANTS. AL AMBRON ET AL. V. LEWIS TAYLOR ET AL. LEWIS TAYOR, PERSONNEL DIRECTOR AND EDWARD G. RENDELL, DISTRICT ATTORNEY, APPELLANTS

Appeals from the Order of the Court of Common Pleas of Philadelphia County in cases of Al Ambron, Robert Barrett, Oscar Bowen and Joseph Kelly v. Lewis Taylor, Personnel Director and Edward G. Rendell, District Attorney, No. 4774 October Term, 1978 and in case of Al Ambron, Robert Barrett, Oscar Bowen and Joseph Kelly v. Philadelphia Civil Service Commission, No. 120 July Term, 1978.

COUNSEL

John M. Myers, Deputy City Solicitor, with him Alan J. Davis, City Solicitor, and Jonathan K. Stubbs, Assistant City Solicitor, for appellants.

John W. Morris, for appellees.

Judges Rogers, Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 73 Pa. Commw. Page 629]

These are consolidated civil service appeals by the Philadelphia Civil Service Commission, the City's Personnel Director and the District Attorney from an order of the Court of Common Pleas of Philadelphia County which directed the appellants to reinstate the appellees to their former positions with the District Attorney's office. We affirm the order of the common Pleas court on the opinion of Judge Doty reported at Pa. D. & C.3rd ( ).

The appellants argue that the case is now moot as to three of the four appellees because those appellees

[ 73 Pa. Commw. Page 630]

    are no longer in the employ of the city, having subsequently resigned from the positions to which they were transferred by the disputed personnel action. We disagree; unlike the civil servant in Magnelli v. Pennsylvania State Civil Service Commission, 55 Pa. Commonwealth Ct. 531, 423 A.2d 802 (1980), these appellees are not incapable of reinstatement.

Order affirmed.

Order

And Now, this 27th day of April, 1983, the order of the Court of Common Pleas of Philadelphia County in the above-captioned matters are hereby affirmed.

Disposition

Affirmed.

19830427

© 1998 VersusLaw Inc.



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