CATANIA ET AL. v. ST. EMP. RET. BD. ET AL.

No. 101 C.D. 1981.

71 Pa.Commw. 393 (1983)

Francis J. Catania et al., Plaintiffs v. Commonwealth of Pennsylvania, State Employees' Retirement Board et al., Defendants.

Commonwealth Court of Pennsylvania.

January 27, 1983.


Attorney(s) appearing for the Case

Henry T. Reath, with him Alexis J. Anderson and Robert E. Kelly, Jr., Duane, Morris & Heckscher, for plaintiffs.

Mary Ellen Krober, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, Chief of Special Litigation, and LeRoy S. Zimmerman, Attorney General, for defendants.

Sidney L. Krawitz, with him Joseph F. Kameen, Krawitz & Ridley, P.C., for Amicus Curiae, Pennsylvania Bar Association.

Argued December 14, 1982, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three. President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR. and DOYLE did not participate.


OPINION BY JUDGE CRAIG, January 27, 1983:

The Record

The matter now before this court* began with a complaint, with counts in mandamus and for declaratory judgment, which eight judges of courts of common pleas of various counties filed originally in this court against the State Employees' Retirement Board, its secretary and the Treasurer of the Commonwealth. After the pleadings closed, with no dispute of fact involved...

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