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McILVAINE v. STATE POLICE

Original jurisdiction, No. 282 C.D. 1971.

3 Pa.Commw. 478 (1971)

McIlvaine v. State Police.

Commonwealth Court of Pennsylvania.

December 3, 1971.

Attorney(s) appearing for the Case

Curtis M. Pontz, Deputy Attorney General, with him J. Shane Creamer, Attorney General, for defendant.

Boyd H. Walker, with him Donald H. Lipson and Walker, Walker & Thomas, for plaintiff.

Argued September 9, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY PRESIDENT JUDGE BOWMAN, December 3, 1971:

Being tested by this mandamus action is the statutorily mandated compulsory resignation of plaintiff from the Pennsylvania State Police upon attaining sixty years of age in accordance with Section 205 of The Administrative Code of 1929,1 subsection (d), of which provides: "(d) Any member of the Pennsylvania State Police, except the Commissioner and Deputy Commissioner, regardless of...

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