Cases

Opinion by Judge Craig, Local Union No. 669 of the International Association of Fire Fighters, AFL-CIO, appeals a Lackawanna County Court of Common Pleas order, which vacated a portion of a labor arbitrator’s award, involving an interpretation of a provision in the collective bargaining agreement between the union and the City of Scranton.1 The court ruled that the arbitrator improp

498 Pa. 429 (1982) 447 A.2d 222 The SCHOOL DISTRICT OF PHILADELPHIA, Appellant, v. Harris TWER, et al., Appellees. Supreme Court of Pennsylvania. Argued January 18, 1982. Decided March 11, 1982. Reargument Denied July 22, 1982. *430 *431

124 Ind. App. 30 (1953) 112 N.E.2d 891 HUMMER v. SCHOOL CITY OF HARTFORD CITY, INDIANA. No. 18,358. Court of Appeals of Indiana. Filed June 8, 1953. Rehearing denied September 15, 1953. Transfer denied October 17, 1953. *33 Peterson & Ervin, of Hartford City, an

OPINION OF THE COURT JORDAN, Circuit Judge. This case is an appeal from an interlocutory decision denying defendant Joseph Mercatili’s claim to qualified immunity. Dr. Edward Zaloga, who had been engaged in an ongoing feud with local government officials, publicly opposed Mercatili’s reelection as the President of the Moosic, Pennsylvania Borough Council. Merc

MAZZONI, J, I. INTRODUCTION What is before this court is a petition for “Permission to appeal nunc pro tunc” filed on September 1, 2005 by petitioners Prizm Asset Management Company, Preit Services Ltd. and Diann Van Louvender. This petition seeks review of respondent Moosic Borough Planning Commission’s conditional approval of a land use application submitted by Hemingway Development Limited

884 A.2d 867 (2005) EAGLE ENVIRONMENTAL II, L.P., Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION and Chest Township, Appellees. Tri-County Industries, Inc. and Tri-County Landfill, Inc., Appellants v. Commonwealth of Pennsylvania, Department of Environmental Protection, Appellee. Supreme Court of Pennsylvania. Argued May 11, 2004.

ALDISERT, Circuit Judge, concurring. I concur in the result reached by this court because the essence of the common law tradition, unlike the civil law, is that lower courts follow the decisions of higher courts in the same judicial hierarchy.1 But this concurrence is what the gifted scholar B. E. Witkin described as a “reluctant concurrence” or a “concurrence under compulsion.

ROBERTS, Justice, dissenting. I dissent. Even assuming that the 1977 arbitration award directing the retention in 1978 of “[a]ll existing benefits and privileges not specifically changed” incorporates by reference the provision of the 1973-74 bargaining agreement which states that the Superintendent of Police “must come from the ranks of the Scranton Police Department,” that provision cannot validly be enforced

635 F.2d 1063 LOUGHNEY, Joseph and Osborne, Jr., Robert J., Appellants,v.HICKEY, Eugene F., Individually and in his capacity as Mayorof the City of Scranton; City of Scranton, Pennsylvania c/oJohn Brazil, Esquire, Solicitor of the City of Scranton,Pennsylvania; and Cawley, Gaynor, Individually and in hiscapacity as Director of Public Works of the City of Scranton. No. 80-1158.

499 Pa. 194 (1982) 452 A.2d 1005 FRATERNAL ORDER OF POLICE, E.B. JERMYN LODGE # 2, by Thomas P. TOLAN, Jr., President, Trustee ad Litem, Appellant, v. Eugene F. HICKEY, Mayor of the City of Scranton; James McDonnell, Director of Public Safety; Richard Rossi, Jack T. Harte, James A. Doherty, Michael Melnick, Paul Catalano, Councilmen of the City of Scranton; Joseph Corcoran, Controller of the City of Scranton; Eugene Cosgro

Wilson, J., The above-entitled matter comes before us on an affidavit of defense raising questions of law, which was duly before the court en banc upon argument c. a. v. Plaintiff, while a pedestrian on the streets of defendant borough, claims to have been injured through its negligence, on July 10, 1938. The action in trespass was entered April 4, 1939, no notice having been filed in the office of the clerk