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ALGER v. ZACCAGNI ET AL.

No. 287 Miscellaneous Docket.

36 Pa.Commw. 548 (1978)

John Thomas Alger, Petitioner v. Orlando S. Zaccagni, Parole Agent II, Pennsylvania Board of Probation and Parole, Respondents.

Commonwealth Court of Pennsylvania.

July 17, 1978.

Attorney(s) appearing for the Case

John Thomas Alger, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondents.

Submitted on briefs, March 30, 1978, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., July 17, 1978:

Petitioner has filed a complaint in mandamus challenging the decision of the respondent Pennsylvania Board of Probation and Parole (Board) to recommit him as a convicted parole violator. The Board has filed a motion for judgment on the pleadings. We will grant the motion.

Petitioner was sentenced on September 13, 1971 to a term of one to five years for prison breach, and to a

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