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  5. 15 Pa.Commw. 143 (1974)
 

PACKLER ET AL. v. ST. EMPLOYES' RET. BD.

No. 1211 C.D. 1973.

15 Pa.Commw. 143 (1974)

Louis Packler, on Behalf of Himself and All Other Retired Persons Subject to the State Employes' Retirement Code of 1959 as Subsequently Amended, Who were Members of the Pennsylvania National Guard Prior to September 17, 1940, Plaintiff, v. State Employes' Retirement Board of the Commonwealth of Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

September 5, 1974.

Attorney(s) appearing for the Case

Patrick H. Mahady, with him Mahady & Mahady, for plaintiff.

Raymond Kleiman, Deputy Attorney General, with him Israel Packel, Attorney General, for defendant.

Argued June 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, September 5, 1974:

This case is presently before us for a ruling on the preliminary objections filed by the State Employes' Retirement Board (Board) to a complaint in mandamus filed by Louis Packler on behalf of himself and others who have retired from state employment pursuant to the State Employes' Retirement Code of 1959 (Code)1 and who were members of the Pennsylvania National Guard prior to September 17, 1940...

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