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COLSTON v. PA. DEPT. of COM. AFFAIRS

No. 961 C.D. 1986.

104 Pa.Commw. 165 (1987)

521 A.2d 513

James R. Colston, Jr., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Department of Community Affairs, Respondent.

Commonwealth Court of Pennsylvania.

February 23, 1987.

Attorney(s) appearing for the Case

Melville G. M. Walwyn, Dade, Harris & Walwyn, P.C., for petitioner.

Bernadette Barattini, Assistant Counsel, with her, Michael A. Donadee, Chief Counsel, for respondent.

Argued November 17, 1986, before Judges MacPHAIL, DOYLE and COLINS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 23, 1987:

In this unique case, our Court must rule upon the Petition of the Department of Community Affairs (Department) to open a peremptory judgment directed to be entered by this Court on May 23, 1986.

It is necessary to review the procedural history of this case.1 James Colston was dismissed as a management employee by the Department for willful violation of the Governor's Code of Conduct...

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