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DEPARTMENT OF AUD. GEN. v. STATE EMP. RETIREMENT SYSTEM

860 A.2d 206 (2004)

DEPARTMENT OF the AUDITOR GENERAL, Commonwealth of Pennsylvania; and Auditor General Robert P. Casey, Jr., Petitioners v. STATE EMPLOYEES' RETIREMENT SYSTEM; State Employees' Retirement Board and its chair, Nicholas J. Maiale; Public School Employees' Retirement System; and Public School Employees' Retirement Board and its chair, State Treasurer Barbara Hafer, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 15, 2004.

Attorney(s) appearing for the Case

Richard D. Spiegelman, Harrisburg, for petitioners.

Edward F. Mannino, Philadelphia, for respondents.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, SMITHRIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, and JUBELIRER, Judge.

OPINION BY Judge SMITHRIBNER.

In this action brought in the Court's original jurisdiction seeking a declaratory judgment and other relief, the Department of the Auditor General (Department) and Auditor General Robert P. Casey, Jr. individually and in his official capacity (together, Petitioners) have filed their motion for summary relief on Count I of the amended petition for review, which was filed with the Court on March 5, 2003. Intervening Petitioner Sally J....

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