HUNTER v. BURKE ET AL.

No. 227 Misc. Dkt.

31 Pa.Commw. 567 (1977)

Fredrick A. Hunter, Petitioner v. John J. Burke, Superintendent of the Pennsylvania Board of Probation and Parole, and James F. Howard, Superintendent of State Correctional Institution at Pittsburgh, Respondents.

Commonwealth Court of Pennsylvania.

September 13, 1977.


Attorney(s) appearing for the Case

Fredrick A. Hunter, 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, March 18, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.


OPINION BY JUDGE MENCER, September 13, 1977:

Fredrick A. Hunter (Hunter) filed in this Court on February 18, 1977 a "Petition for Writ of Mandamus" which we have treated as a petition for review pursuant to the Pennsylvania Rules of Appellate Procedure. The respondents1 filed preliminary objections which, following the submission of briefs, are now before us for our disposition.

The following facts can be gleaned from the pleadings...

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