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MCCANN v. BARGER, COMR., PA. ST. POLICE

No. 714 C.D. 1973.

11 Pa.Commw. 517 (1974)

James L. McCann, Appellant, v. James D. Barger, Commissioner, Pennsylvania State Police, Appellee.

Commonwealth Court of Pennsylvania.

January 11, 1974.

Attorney(s) appearing for the Case

William R. Bernhart, with him Frederick J. Georgi and Austin, Speicher, Boland, Connor & Giorgi, for appellant.

J. Andrew Smyser, Deputy Attorney General, with him Benjamin Lerner, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued December 4, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE ROGERS, January 11, 1974:

James L. McCann, an enlisted member of the Pennsylvania State Police, commissioned a Lieutenant on September 21, 1972, here appeals from a personnel order of the Commissioner of the Pennsylvania State Police made May 2, 1973, without Court-Martial, reducing McCann's rank to that of Trooper. The appellant asserts that he is entitled to be heard by court-martial. The Commissioner's action was based upon the asserted violations...

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