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SMITH v. COM. OF PA. ET AL.

No. 1922 C.D. 1982.

87 Pa.Commw. 643 (1985)

Mary P. Smith, Individually and as Administratrix of the Estate of Frank Smith, Plaintiff v. Commonwealth of Pennsylvania, Walter Baran, in his official capacity as Secretary of General Services, The Department of General Services et al., Defendants.

Commonwealth Court of Pennsylvania.

February 26, 1985.

Attorney(s) appearing for the Case

John D. Blumenthal, for plaintiff.

James J. Kutz, Deputy Attorney General, with him, Allen C. Warshaw, Senior Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for defendants.

Argued September 11, 1984, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR., CRAIG, MacPHAIL, BARRY and COLINS.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 26, 1985:

Mary P. Smith and the Commonwealth cross motion for summary judgment. We deny Smith's motion and grant the Commonwealth's motion.

Frank Smith, a field representative, was employed by the Pennsylvania Human Relations Commission from December 17, 1970, until his death on April 30, 1982, at the age of sixty-nine.1 On June 11, 1977,

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