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PIVARNIK v. PENNDOT.

No. 363 C.D. 1983.

82 Pa.Commw. 42 (1984)

David J. Pivarnik, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

April 25, 1984.

Attorney(s) appearing for the Case

Timothy W. Pawol, for petitioner.

Michael J. McCaney, Jr., Assistant Counsel, with him Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent.

Argued February 2, 1984, before Judges MacPHAIL, PALLADINO and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, April 25, 1984:

David J. Pivarnik (petitioner) appeals here from a decision of the Pennsylvania Department of Transportation (PennDOT), discharging him from his position as a Highway Maintenance Manager 1.

The facts are not in dispute. In August, 1981, PennDOT hired the petitioner on a 12-month probationary basis for a non-union, non-civil service position. It supplied him with...

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