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

No. 121 Misc. Dkt. No. 2.

45 Pa.Commw. 58 (1979)

Michael Whittington, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

August 13, 1979.

Attorney(s) appearing for the Case

Michael Whittington, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs, August 1, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE MacPHAIL, August 13, 1979:

On June 15, 1979, we filed an opinion and entered an order in this matter1 denying the cross-motions for summary judgment filed by the parties. We directed the Board of Probation and Parole (Board) to file an affidavit which would set forth the correct date on which Michael Whittington (Whittington) was given a preliminary hearing under Pa. R. Crim. P. 141. It was the confusion over this factual...

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