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HERRING v. PA. BD. OF PROB. AND PAROLE

No. 54 Misc. Dkt. No. 2.

39 Pa.Commw. 156 (1978)

James Herring, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

December 5, 1978.

Attorney(s) appearing for the Case

Lynne D. Miller, Assistant Defender, John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for petitioner.

Robert A. Greevy, Assistant Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

Submitted on briefs, October 3, 1978, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE BLATT, December 5, 1978:

James Herring (petitioner) has filed a petition for review of the action of the Pennsylvania Board of Probation and Parole (Board) revoking his parole. The Board filed an answer with new matter, and the petitioner then filed preliminary objections and an answer to the new matter. By order of this Court the petitioner's preliminary objections were treated as a motion...

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