Fisher v. Southeastern Pennsylvania Transportation Authority

Opinion by

Judge Palladino,

Michael'Fisher (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County which sustained a preliminary objection in the nature of a demurrer and dismissed appellant’s complaint against the Southeastern Pennsylvania Transportation Authority (SEPTA). We affirm.

Appellant, an employee of SEPTA since 1973, brought an action against SEPTA on behalf of himself and all other employees similarly situated seeking back pay for time spent on active duty with any of the reserve components of the United States Armed Services. SEPTA demurred to the…