Legal Opinion

Mallon v. Township of Upper Moreland

Supreme Court of Pennsylvania

Decided April 17, 1975No. 232PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The Court being equally divided, the order of the Commonwealth Court is affirmed.

ROBERTS, J., took no part in the consideration or decision of this case. O’BRIEN, J., filed an opinion in support of reversal which was joined by JONES, C. J., and POMEROY, J. MANDERINO, J., filed an opinion in support of affirmance which was joined by EAGEN and NIX, JJ.

OPINION IN SUPPORT OF AFFIRMANCE

MANDERINO, Justice.

The Township Commissioners were not acting in a judicial capacity when discipline was imposed on the appellants. They were acting in their executive capacity. The situation is…

3Cases cited3 opinions

  1. Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
  2. Gardner v. RepaskySupreme Court of Pennsylvania · 1969
  3. Donnon v. Downingtown Civil Service CommissionCommonwealth Court of Pennsylvania · 1971

4Cited by3 opinions

  1. Barr v. Pine Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1975
  2. Scalzi v. City of AltoonaCommonwealth Court of Pennsylvania · 1987
  3. Township of Aston v. MoreyCommonwealth Court of Pennsylvania · 1986

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