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

No. 101 C.D. 1981.

108 Pa.Commw. 46 (1987)

528 A.2d 1074

Francis J. Catania, et al., Plaintiffs v. Commonwealth of Pennsylvania, State Employees' Retirement Board and Robert L. Cusma, in his capacity as Secretary of the State Employees' Retirement System and R. Budd Dwyer, in his capacity as Treasurer of the Commonwealth of Pennsylvania, Defendants.

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 plaintiffs.

Mary Beth Christiansen, Deputy Attorney General, with her, Susan J. Forney, Senior Deputy Attorney General, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for defendants.

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 has filed a petition for enforcement under this Court's original jurisdiction. 42 Pa. C. S. §761. He maintains that the State Employees' Retirement Board has unlawfully refused to grant him certain benefits he is entitled to receive pursuant to a consent decree entered into by members of the class in the case of Catania v. State Employees' Retirement Board, 71 Pa.Commw. 393

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