O'DONNELL v. Philadelphia

Opinion by

Mr. Chief Justice Horace Stern,

This is a declaratory judgment proceeding instituted by a C.I.O. Local, Philadelphia Civil Service Employees’ Association, and five individual employes of the city, allegedly on behalf of all the city employes other than those employed in the Department of Public Works, to recover pay for work performed in excess of 10 hours each week during the year 1952. The court below dismissed the petitioners’ prayer for such a judgment, and they now appeal from its order. They rest their claim partly upon a city ordinance and partly upon a certain agreement…