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HATFIELD TOWNSHIP v. WILLIAM R. STANLEY ET AL. (02/04/88)

decided: February 4, 1988.

HATFIELD TOWNSHIP, CIVIL SERVICE COMMISSION OF HATFIELD AND CHIEF M. R. TURNER, APPELLANTS
v.
WILLIAM R. STANLEY ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of William R. Stanley, Mark A. Toomey and Ray Wilson v. Hatfield Township, Civil Service Commission of Hatfield, and Chief M. R. Turner, No. 85-11142.

COUNSEL

C. Stephens Vondercrone, Jr., Pearlstine/Salkin Associates, for appellants.

Leigh P. Narducci, Anderson, Narducci & Sullivan, for appellees.

Richard Gerber, for amicus curiae, Robert M. Turner.

Judge Craig, and Senior Judges Barbieri and Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. Senior Judge Barbieri concurs in the result only.

Author: Kalish

[ 113 Pa. Commw. Page 259]

This is an appeal by Hatfield Township, the Civil Service Commission (Commission) and the Township Chief of Police (appellants) from an order of the Common Pleas Court of Montgomery County denying a motion for a new trial and for judgment N.O.V. and from the entry of a decree nisi as a final decree. We affirm.

The appellees, all police officers of the Hatfield Police Department and candidates for promotion to sergeant, filed a complaint in equity against the appellants, seeking an injunction to enjoin the appellants from requiring the candidates for promotion to sergeant to submit to a polygraph test.

The appellants filed preliminary objections to the complaint in equity contending that:

(I) The appellees had failed to meet any of the prerequisites for the issuance of an injunction.

(II) The appellees have a full, complete and adequate remedy at law.

[ 113 Pa. Commw. Page ...


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