County of Allegheny v. Commonwealth

Opinion by

Judge Doyle,

This case is before us on a motion for summary judgment under Pa. R.C.P. No. 1035 in a declaratory action which names the Commonwealth as a defendant and seeks resolution of an apparent conflict between provisions in the Second Class County Code (Code), Act of July 28, 1953, P.L. 723, as amended, 16 P.S. §§3101-6302 and the federal Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§621-634 (1976).

No relevant facts are in dispute. The Commissioners of Allegheny County determined that for economic reasons it was necessary to reduce the force of the Allegheny…