William S. Markel v. Harry R. McIndoe Municipality of Penn Hills, a Municipal Corporation

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This is an action brought pursuant to 42 U.S.C. § 1983 in which appellant alleged that he was denied opportunities for promotion in violation of his First and Fourteenth Amendment rights. Appellees countered that the decisions to promote persons other than appellant were made on the merits. Subsequently appellees presented the additional contention that, in any event, they were, as a matter of law, required by 51 Pa.Cons.Stat. Ann. § 7104(b) — a section of Pennsylvania’s Veterans’ Preference Act of August 1,1975— to promote eligible veterans…