CIANFRANI v. STATE EMPLOYEES' RET. BD.

No. 2722 C.D. 1978.

57 Pa.Commw. 143 (1981)

Henry J. Cianfrani, Petitioner v. Commonwealth of Pennsylvania, State Employees Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

March 18, 1981.


Attorney(s) appearing for the Case

Charles M. Golden, with him Sharlyn B. Cohen, for petitioner.

Ronald W. Andidora, Assistant Counsel, with him Michael T. McCarthy, Chief Counsel, to the Majority Caucus of the Senate of Pennsylvania.

Susan J. Forney, Deputy Attorney General, with her Allen C. Warshaw, Chief of Civil Litigation, and Harvey Bartle, III, Acting Attorney General, for respondent.

Argued June 5, 1980, before Judges WILKINSON, JR., BLATT and WILLIAMS, JR., sitting as a panel of three. Reargued March 3, 1981, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.


OPINION BY JUDGE WILKINSON, JR., March 18, 1981:

After the publication of our previous decision in this case, reported in 57 Pa.Commw. 135, 417 A.2d 279 (1980), counsel for petitioner presented a petition for reargument pointing out that the stipulation of facts previously submitted to this Court was inaccurate. A new stipulation has been filed stating that petitioner had been a member of the State Employees' Retirement Fund...

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