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MYERS v. COM., DEPT. OF LABOR & INDUSTRY

312 Pa.Super. 61 (1983)

458 A.2d 235

Arlington W. MYERS, on Behalf of Himself and all Others Similarly Situated, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, and Charles J. Lieberth, Secretary of the Pennsylvania Department of Labor and Industry and Clement J. Cassidy, Workmen's Compensation Referee.

Superior Court of Pennsylvania.

Filed March 25, 1983.

Attorney(s) appearing for the Case

Henry C. Haefner, Lancaster, for appellants.

Daniel R. Schuckers, Harrisburg, for appellees.

Before CERCONE, President Judge, and SPAETH and CAVANAUGH, JJ.

CERCONE, President Judge:

This appeal involves pre-trial orders dismissing plaintiff's action on grounds of judicial and quasi-judicial immunity and holding the class issues thereby mooted. We affirm.

I. Factual and Procedural History

In late 1979, Mr. Myers filed a claim for workmen's compensation benefits and a hearing was held before the referee (defendant) on February 6, 1979. When no decision had been filed by the referee before August...

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