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SWAYDIS v. PA. STATE POLICE

No. 724 C.D. 1981.

83 Pa.Commw. 509 (1984)

Forrest M. Swaydis, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent.

Commonwealth Court of Pennsylvania.

July 9, 1984.

Attorney(s) appearing for the Case

Harris T. Bock, with him, Kathleen A. Fiftal, Bock and Finkelman, for petitioner.

Gregory R. Neuhauser, Deputy Attorney General, with him, Francis R. Filipi and Sally A. Lied, Deputy Attorneys General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs to President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., July 9, 1984:

Trooper Swaydis appeals a Pennsylvania State Police Commissioner's order dismissing him following a Court-Martial Board's (Board) determination that he had engaged in improper conduct. We affirm.

This case is here on remand1 from our Supreme Court for resolution of the following issues: (1) whether there was an improper commingling of prosecutorial and adjudicatory functions...

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