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SKOK and THURNER v. HOCH

Original jurisdiction, No. 104 C.D. 1971.

3 Pa.Commw. 640 (1971)

Skok and Thurner v. Hoch.

Commonwealth Court of Pennsylvania.

December 17, 1971.

Attorney(s) appearing for the Case

Peter Krehel for plaintiffs.

Salvatore Cucinotta, Deputy Attorney General, with him Edgar R. Casper, Deputy Attorney General, Edward Weintraub, Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendant.

Argued September 7, 1971, before President Judge BOWMAN and Judges CRUMLSH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE CRUMLISH, JR., December 17, 1971:

Plaintiffs matriculated at Bloomsburg State College and were dismissed. Seeking to remedy the alleged injustice, they erroneously filed a Complaint in Mandamus naming the Vice President and Dean as a party defendant.

Lest plaintiffs are unmindful of hornbook law, we repeat: "`Mandamus is an extraordinary writ which lies to compel the performance of a ministerial act or mandatory duty where there is a clear...

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