In re Austerlitz

Opinion by

Judge Craig,

Appellants Alexander, Mack, DeRiggi and Myers petitioned the Court of Common Pleas of Allegheny County to intervene in a civil service appeal brought by other police officers, pursuant to which the court had ordered appellants’ promotions in the Penn Hills police department rescinded. Appellants sought a rule to vacate the order. After hearing argument, Judge Staisey denied intervention and discharged the rule.

In June, 1979, the Municipality of Penn Hills had instituted testing procedures for promotion of applicants to the rank of police lieutenant. In that same month,…