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KLEIN v. STATE EMP. RET. BD.

No. 2374 C.D. 1986.

108 Pa.Commw. 39 (1987)

528 A.2d 1071

Richard B. Klein, Petitioner v. Commonwealth of Pennsylvania, State Employees' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

July 27, 1987.

Attorney(s) appearing for the Case

Richard B. Klein, with him, Henry T. Reath and Judith N. Renzulli, Duane, Morris & Heckscher, for petitioner.

Susan J. Forney, Senior Deputy Attorney General, with her, Nicholas Joseph Marcussi, Deputy Attorney General, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued February 25, 1987, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE BARRY, July 27, 1987:

Richard B. Klein (claimant) appeals an order of the State Employees' Retirement Board (Board) denying his request for reinstatement to class E-1 status under the State Employees' Retirement Code of 1959, Act of June 1, 1959, P.L. 392, as amended, formerly 71 P.S. §1725-101 — §1825-809, repealed by the Act of March 1, 1974, P.L. 125, 71 Pa. C. S. §5101-§5956 (1974 Code).1

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