PAGANO v. PA. ST. HORSE RACING COMM. ET AL.

No. 745 C.D. 1979.

50 Pa.Commw. 499 (1980)

Peter V. Pagano, Plaintiff v. The Pennsylvania State Horse Racing Commission et al., Defendants.

Commonwealth Court of Pennsylvania.

April 15, 1980.


Attorney(s) appearing for the Case

Michael D. Fishbein, with him, Arnold, Levin, Adler, Barish, Daniels, Levin & Creskoff, and Richard H. Elliott, Cotlar, Aglow & Elliott, for plaintiff.

Mary Ellen Krober, with her, Norman J. Watkins and Allen C. Warshaw, Deputy Attorneys General, and Edward G. Biester, Jr., Attorney General, for defendants.

Argued March 11, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.


OPINION BY JUDGE WILKINSON, JR., April 15, 1980:

The Court has before it defendants' preliminary objections to plaintiff's complaint seeking declaratory judgment.1 Plaintiff was employed by the Pennsylvania State Horse Racing Commission beginning March 24, 1974 as an Administrative Officer I and rising to the level of Deputy Executive Secretary prior to his dismissal on July 3, 1975. Plaintiff asserts that his constitutional rights have...

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