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COHEN v. BARGER ET AL.

No. 538 C.D. 1973.

11 Pa.Commw. 617 (1974)

Harold R. Cohen, Plaintiff, v. James Barger, Commissioner, Leonard T. Koper, Director, Records and Identification Headquarters, and Pennsylvania State Police, Defendants.

Commonwealth Court of Pennsylvania.

January 25, 1974.

Attorney(s) appearing for the Case

Louis M. Natali, Jr., with him Joanna K. Weinberg and Segal, Appel & Natali, for plaintiff.

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

Argued December 3, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE WILKINSON, January 25, 1974:

According to the plaintiff's complaint, "[T]his action is instituted for equitable relief to ask this Court to order the expungement [sic] of any and all arrests record, photographs and fingerprints from the files of the Pennsylvania State Police." The sole issue involved is whether the plaintiff, by virtue of the pardon granted to him, is entitled to have his criminal record expunged.

Plaintiff was arrested in...

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