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COMTH. EX REL. DAWSON, PLNTF, v. BD. PROB.

No. 1081 C.D. 1974.

17 Pa.Commw. 550 (1975)

Commonwealth ex rel. Lonnie Dawson, Plaintiff, v. Board of Probation and Parole, Defendant.

Commonwealth Court of Pennsylvania.

March 6, 1975.

Attorney(s) appearing for the Case

F. Michael Medway, with him Barry H. Denker and Shuman, Denker & Land, for plaintiff.

Robert A. Greevy, Assistant Attorney General, with him Benjamin Lerner, Deputy Attorney General, and Israel Packel, Attorney General, for defendant.

Argued February 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, March 6, 1975:

Before us for disposition is defendant's motion for judgment on the pleadings filed pursuant to Pa. R.C.P. No. 1034. The pleadings in the instant case consist of plaintiff's complaint in mandamus, alleging an abuse of defendant's discretion in recommitting him as a technical parole violator, defendant's answer thereto and new matter, and plaintiff's answer to...

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