Concurring & Dissenting Opinion by
Judge MacPhail:I concur with that part of the majority opinion which holds that we are without jurisdiction to entertain suits seeking the removal of district attorneys, as well as that part of the opinion which would grant summary judgment to Officer Gentile.
Because I respectfully disagree with the majority’s interpretation of Section 1420 of the County Code, Act of August 9, 1955, P.L. 323, as amended, 16 P.S. §450(b), I would hold that we also lack jurisdiction of *223suits seeking the removal of assistant district attorneys. I am of the opinion that such action may be taken only by the appointing power, in this instance, the district attorney.
I, therefore, would dismiss for lack of jurisdiction the within action against McClelland and Picking.