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COM. EX REL. LINDSLEY ET AL. v. ROBINSON ET AL.

No. 218 Misc. Docket.

30 Pa.Commw. 96 (1977)

Commonwealth ex rel. Rodney Anthony Lindsley, Jr., et al., Plaintiff v. William Robinson, Glenn R. Jeffes, Joseph M. Ryan, Gilbert A. Walters, Thomas J. Figmik, John R. Stepanik, John Matey, Walter Uranowski, Richard Kinder, James A. Taylor, Fred W. Jacobs, Hermann Tattlerm, Thomas J. Cole, Richard R. Manley, Charles T. McKeown, Robert Berkheiser, Bernard Brominski, Mr. Montacy, J., et al., Defendants.

Commonwealth Court of Pennsylvania.

May 3, 1977.

Attorney(s) appearing for the Case

Rodney A. Lindsley, Jr., petitioner, for himself.

Glenn Gilman, Deputy Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondents.

Submitted on briefs, February 15, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 3, 1977:

To a petition for review in the nature of mandamus of petitioner pro se, Rodney Anthony Lindsley, Jr. (petitioner), the sixteen named respondents have filed preliminary objections: (1) in the nature of a demurrer; (2) raising the defense of pendency of a prior action, Pa. R.C.P. No. 1017(b) (5); and (3) challenging this Court's jurisdiction in mandamus.1

I. DEMURRER

Respondents...

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