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WILLIAMS v. BOARD OF PROBATION & PAROLE

2 Pa.Commw. 312 (1971)

Edward E. Williams, Box 244 Graterford, Pennsylvania v. Pennsylvania Board of Probation and Parole, Classification Center, State Correction Center, State Correctional Institution at Camp Hill, Camp Hill, Pennsylvania.

Commonwealth Court of Pennsylvania.

April 12, 1971.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., with him Fitzpatrick & Smith, for plaintiff.

Frank P. Lawley, Jr., Deputy Attorney General, with him Fred Speaker, Attorney General, for defendant.

Argued January 20, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and ROGERS.

OPINION BY PRESIDENT JUDGE BOWMAN, April 12, 1971:

Before us in this case are preliminary objections in the nature of a demurrer by defendant, the Pennsylvania Board of Probation and Parole, to plaintiff's complaint in mandamus. The substantive issue raised is whether the Board erred as a matter of law in denying plaintiff certain "street time" served on parole. However, we must first dispose of a jurisdictional...

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