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FLECK v. A.F.S.C.M.E. ET AL.

No. 38 T.D. 1985.

106 Pa.Commw. 330 (1987)

526 A.2d 834

Louise Fleck, Plaintiff v. American Federation of State, County and Municipal Employees, AFL-CIO, Dauphin County Pennsylvania Public Employees District Council 90 and Commonwealth of Pennsylvania, Department of Aging, Defendants.

Commonwealth Court of Pennsylvania.

May 27, 1987.

Attorney(s) appearing for the Case

J. Jay Cooper, Goldberg, Evans & Katzman, P.C., for petitioner.

Gary R. Gordon, with him, Stuart W. Davidson, Kirschner, Walters, Willig, Weinberg & Dempsey, for defendant, Union.

Susan J. Forney, Deputy Attorney General, with her, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for defendant, Commonwealth.

Argued April 21, 1987, before Judges CRAIG and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, May 27, 1987:

The Pennsylvania Department of Aging (department) has filed preliminary objections to Louise Fleck's amended complaint, requesting that this court dismiss Ms. Fleck's amended complaint because Ms. Fleck lacks standing to bring this action and has failed to state a cause of action.

Ms. Fleck's amended complaint, filed in the Court of Common Pleas of Dauphin County against her union as

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