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

No. 45 Misc. Docket No. 3.

61 Pa.Commw. 517 (1981)

Richard F. Donnell, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

September 8, 1981.

Attorney(s) appearing for the Case

William H. Mitman, Jr., for petitioner.

Robert F. Greevy, Chief Counsel, with him, Arthur R. Thomas, Assistant Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and PALLADINO.

OPINION BY JUDGE ROGERS, September 8, 1981:

Richard F. Donnell's Petition for Review in the nature of a Complaint in Mandamus, is before us on the preliminary objection of the respondent Pennsylvania Board of Probation and Parole challenging the invocation of our original jurisdiction under 42 Pa. C.S. § 761(a)(1). In his Petition for Review Donnell complains concerning the action of the Board in recommitting him to prison for violating the conditions of his...

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