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HARBOLD v. CARSON, ET AL.

No. 41 Tr. Dkt. 1975.

24 Pa.Commw. 417 (1976)

James W. Harbold, Plaintiff v. Curtis C. Carson and Elmer J. Radtke, Jr., Defendants.

Commonwealth Court of Pennsylvania.

April 26, 1976.

Attorney(s) appearing for the Case

James W. Harbold, plaintiff, for himself.

Glenn Gilman, Deputy Attorney General, with him J. Andrew Smyser, Deputy Attorney General, Director, Office of Criminal Law, and Robert P. Kane, Attorney General, for defendants.

Submitted on briefs before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, April 26, 1976:

Although the pleadings before us disclose some factual differences, those essential to disposition of the single issue raised by defendants' preliminary objections permit us to proceed. This opinion is limited to the question of whether state correctional officials can refuse to give an inmate who escapes or is absent without permission of the authorities credit against his or her sentence for the period of unauthorized...

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