In re Michaels

WOLFE, P.J.,

This matter is before us on appeal of Jerry B. Michaels, appel*180lant, from refusal of the Civil Service Commission of the Borough of Warren to promote him to the position of Firefighter Class A.

Counsel for appellant and the commission have stipulated as to the facts and have submitted only a single issue of law, namely, were appellant’s rights violated and was he discriminated against when the commission refused to apply the “curve” method of grading his examination?

On February 14, 1974, appellant took the commission’s oral and written examination for promotion to Firefighter Class…