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

No. 127 Misc. Docket 2.

44 Pa.Commw. 380 (1979)

Wayne Battle, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

July 20, 1979.

Attorney(s) appearing for the Case

Robert B. Mozenter, for petitioner.

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

Submitted on briefs, June 12, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE ROGERS, July 20, 1979:

Wayne Battle has filed a petition for review in the nature of mandamus challenging his detention by the Pennsylvania Board of Probation and Parole pending the disposition of new criminal charges filed against him. The parties have filed cross-motions for summary judgment and the issues are before us on briefs.

Battle was released on parole from the service of...

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