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STATE C. OF S.P.L. OF F.O. OF POLICE v. COM.

No. 3428 C.D. 1985.

104 Pa.Commw. 447 (1987)

522 A.2d 136

State Conference of State Police Lodges of the Fraternal Order of Police, by its Trustee Ad Litem, Paul T. McCommons, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

March 9, 1987.

Attorney(s) appearing for the Case

Gary M. Lightman, with him, Anthony C. Busillo, II, Mancke, Lightman & Wagner, for petitioner.

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

Argued September 8, 1986, before Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 9, 1987:

The State Conference of State Police Lodges of the Fraternal Order of Police (FOP) filed a petition for review in the nature of a declaratory judgment, asking that this court exercise its original jurisdiction to declare section 5955 of the State Employees' Retirement Code1 unconstitutional. The Commonwealth filed preliminary objections in the nature of a demurrer to the FOP's petition for review...

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