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DUSSIA v. BARGER et al.

Original jurisdiction, No. 1099 C.D. 1973.

10 Pa.Commw. 167 (1973)

Lieutenant Colonel Joseph Dussia, Plaintiff, v. Colonel James D. Barger, Commissioner of the Pennsylvania State Police, and Major Sidney C. Deyo, Captain Earl O. Bergstrom and Captain Stanley B. Kramer, Members of the Court-Martial Board, Defendants.

Commonwealth Court of Pennsylvania.

September 26, 1973.

Attorney(s) appearing for the Case

Bruce E. Cooper, with him Cooper, Friedman & Friedman, for plaintiff.

Benjamin Lerner, Deputy Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Argued September 14, 1973, before Judges KRAMER, WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, September 26, 1973:

The plaintiff in this equity suit is Joseph Dussia, a Lieutenant Colonel of the Pennsylvania State Police, and the defendants are Colonel James D. Barger, Commissioner of the State Police and the members of a Court-Martial Board appointed by the Commissioner to hear charges against the plaintiff. The complaint seeks, inter alia, an order enjoining the conduct of the court-martial on the principal grounds that (1...

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