Eisenberger v. Harrisburg Police Pension Commission

Opinion by

Me. Justice Cohen,

This is an appeal from the judgment entered for the appellee Commission by the lower court in an action in *420mandamus. The facts herein recited are taken from the stipulation by the parties and the history as set forth in counsel’s briefs.

As of May 20, 1858, Earl F. Eisenberger, appellant, was over fifty years of age and had served as a member of the Harrisburg Police Department for twenty years. During this time appellant complied fully with all provisions of the various statutes and ordinances governing contributions to the police retirement fund. On May 5, 1958,…