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McILVAINE v. PA. STATE POLICE

Original jurisdiction No. 282 C.D. 1971.

6 Pa.Commw. 505 (1972)

McIlvaine v. Pennsylvania State Police.

Commonwealth Court of Pennsylvania.

November 10, 1972.

Attorney(s) appearing for the Case

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

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

Submitted on briefs September 8, 1972, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, November 10, 1972:

In this mandamus action we had heretofore dismissed the Commonwealth's preliminary objections in the nature of a demurrer because it was not entirely clear and free from doubt that plaintiff had failed to state a cause of action. McIlvaine v. State Police, 3 Pa.Commw. 478 (1971). In doing so, we observed that plaintiff was faced with the formidable task of proving...

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