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SWARTZWELDER v. EDMONDS

No. 1311 C.D. 1974.

17 Pa.Commw. 158 (1975)

Gary Kenneth Swartzwelder and Patricia Lou Swartzwelder, his wife, Plaintiffs, v. Calvin C. Edmonds, Acting Director of the Division of Vital Statistics, Defendant.

Commonwealth Court of Pennsylvania.

January 17, 1975.

Attorney(s) appearing for the Case

Moses S. Baturin, with him Baturin & Baturin, for plaintiffs.

Jeffrey B. Schwartz, Chief Counsel, with him Israel Packel, Attorney General, for defendant.

Submitted January 17, 1975, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

PER CURIAM OPINION, January 17, 1975:

Notwithstanding our decision in Jones v. Department of Health, 8 Pa.Commw. 637, 305 A.2d 54 (1973), narrowly circumscribing our jurisdiction with respect to actions in mandamus brought against the Pennsylvania Department of Health to alter, amend or modify birth certificates, such causes of action continue to be filed in...

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