Pittsman v. Luger
Pittsman v. Luger
Opinion of the Court
This is an action in mandamus to compel appellants to reinstate appellee to a position with the Lackawanna County Department of Roads and Bridges.
Two settled requirements for mandamus are a clear legal right in the plaintiff, and a corresponding duty in the defendant. Garratt v. Philadelphia, 387 Pa. 442, 127 A.2d 738 (1956). Appellee argues that a duty was imposed on appellants by law in that, as a result of prior litigation between appellee’s union and appellants, the lower court on February 9, 1972, ordered that proceedings for reinstatement of all employees discharged since January 3, 1972,
Accordingly, the lower court’s order is reversed, and the complaint is dismissed.
Appellee was discharged on January 25, 1972.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.