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GERNERT v. LINDSAY et al.

No. 300 C.D. 1970.

2 Pa.Commw. 576 (1971)

Gernert v. Richard W. Lindsay, Chairman of Pennsylvania Board of Probation and Parole; Grace M. Sloan, State Treasurer; Robert P. Casey, Auditor General; Raymond P. Shafer, Governor. Gernert v. Shapp.

Commonwealth Court of Pennsylvania.

August 10, 1971.

Attorney(s) appearing for the Case

Thomas D. Caldwell, Jr., with him Caldwell, Clouser & Kearns, for plaintiff.

Carolyn E. Temin, Chief Counsel, Pennsylvania Board of Probation and Parole, with her J. Shane Creamer, Attorney General, for defendants.

Argued June 8, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO and ROGERS.

OPINION BY PRESIDENT JUDGE BOWMAN, August 10, 1971:

Paul J. Gernert, plaintiff, was appointed to membership on the Pennsylvania Board of Probation and Parole (Board) by former Governor William W. Scranton on August 4, 1964. The commission read in part that such appointment would run ". . . for a term of four years, or until your successor shall have been duly appointed and qualified. . . ." This appointment was confirmed by the Senate of Pennsylvania on March 23,...

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