MILLER v. BERKS CO. EMPLOYES' RETIREMENT BD.


75 Pa. D. & C. 423 (1950)

Miller v. Berks County Employes' Retirement Board

Common Pleas Court of Berks County, Pennsylvania.

October 10, 1950.


Attorney(s) appearing for the Case

George B. Balmer, for plaintiff.

James W. Bertolet, for defendant.


MAYS, P.J., October 10, 1950.

Plaintiff, known as the Director of Recreation of Berks County, filed a petition for mandamus. He avers that he is entitled to participation in the retirement plan of the Berks County Retirement Board. An alternative writ was directed to issue, whereupon defendants in their answer filed, inter alia, denied that plaintiff was an employe of Berks County, and not being so, was not entitled to participate in the retirement plan.

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