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DEPT. OF PUBLIC WELFARE v. MAGRATH

No. 1552 C.D. 1973.

14 Pa.Commw. 257 (1974)

Commonwealth of Pennsylvania, Department of Public Welfare, Appellant, v. Dr. Joseph L. Magrath, Jr., Appellee.

Commonwealth Court of Pennsylvania.

July 2, 1974.

Attorney(s) appearing for the Case

Howard M. Holmes, Assistant Attorney General, with him Cecil Maidman, Assistant Attorney General, Michael von Moschzisker, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Richard B. Sigmond, with him Leonard Spear and Meranze, Katz, Spear & Wilderman, for appellee.

Argued June 7, 1974, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, July 2, 1974:

The Commonwealth, by its Department of Welfare, has appealed from an order of the State Civil Service Commission reinstating Dr. Joseph L. Magrath, Jr. to his former position of Surgeon I, regular status, at Haverford State Hospital. The parties agree that the termination of Dr. Magrath's employment by the Commonwealth was a furlough.

Prior to April 14, 1973, Dr. Magrath, a Board certified surgeon, whose professional...

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