COMTH., EX REL. JOHNSTON v. BD. OF P. AND P.

No. 1456 C.D. 1974.

20 Pa.Commw. 69 (1975)

Commonwealth of Pennsylvania ex rel. James R. Johnston, Plaintiff, v. The Pennsylvania Board of Probation and Parole, Defendant.

Commonwealth Court of Pennsylvania.

June 27, 1975.


Attorney(s) appearing for the Case

Simon B. John, with him Thomas P. Ruane, Jr., for plaintiff.

James C. Barnes, Jr., Deputy Attorney General, with him Robert A. Greevy, Assistant Attorney General, J. Andrew Smyser, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued May 7, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, June 27, 1975:

Plaintiff, Johnston, has filed a complaint in mandamus within our original jurisdiction to which the defendant, Pennsylvania Board of Probation and Parole, (Board), has filed preliminary objections. For the reasons hereafter stated, the Board's preliminary objections are sustained and plaintiff's complaint is dismissed.

For the limited purpose of considering defendant's preliminary objections in the nature...

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