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DEPARTMENT OF REVENUE v. SALVATORE

Appeal, No. 613 C.D. 1971.

3 Pa.Commw. 590 (1971)

Department of Revenue v. Salvatore.

Commonwealth Court of Pennsylvania.

December 14, 1971.

Attorney(s) appearing for the Case

Anthony J. Smith, Assistant Attorney General, with him John B. Lynch, Assistant Attorney General, for appellant.

William F. Coyle, with him Abrahams & Lowenstein, for appellee.

Argued November 8, 1971, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 14, 1971:

This is an appeal by the Commonwealth, Department of Revenue, from a decision of the State Civil Service Commission. Appellee had been dismissed on May 6, 1971, effective May 7, 1971, from his civil service position as Field Auditor III in the Liquid Fuels Tax Bureau of the Department of Revenue. The notice he received on May 6, 1971, gave as the reason, "This termination results from the interpretation of Section 904...

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