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PAYNE v. COM. DEPT. OF CORRECTIONS

813 A.2d 918 (2002)

John M. PAYNE; Paul Nolder; Frank Grazulis; Charles Lee; Richard Guy; all others similarly situated, Petitioners, v. COMMONWEALTH DEPARTMENT OF CORRECTIONS; Martin F. Horn, Secretary; Honorable Thomas Ridge, Governor; Robert Bitner, Chief Hearing Examiner, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 5, 2002.

Attorney(s) appearing for the Case

John M. Payne, Paul Nolder, Richard Guy and Charles Lee, petitioners, pro se.

Victoria S. Freimuth, Harrisburg, for respondents.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN, Judge, LEAVITT, Judge.

OPINION BY Judge COHN.1

Petitioners, who are currently incarcerated at Pennsylvania State Correctional Institutions, have filed a motion for partial summary judgment with respect to a five-count petition for review filed in this Court's original jurisdiction. Respondents have filed a cross-motion for summary judgment. The two motions are now before the Court for disposition.

Between May...

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