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JOHNSTON v. PA. BD. OF PROB. AND PAROLE

No. 207 C.D. 1976.

34 Pa.Commw. 113 (1978)

Norman L. Johnston, Plaintiff v. Pennsylvania Board of Probation and Parole, Defendant.

Commonwealth Court of Pennsylvania.

March 1, 1978.

Attorney(s) appearing for the Case

W. Robert Landis, for plaintiff.

Robert A. Greevy, Assistant Attorney General, and Robert P. Kane, Attorney General, for defendant.

Submitted on briefs, December 22, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DISALLE.

OPINION BY JUDGE ROGERS, March 1, 1978:

Norman L. Johnston has filed a complaint in mandamus and a petition for writ of habeas corpus challenging his detention as a parole violator by the Pennsylvania Board of Probation and Parole. The Board has filed a motion for summary judgment which we grant.

Johnston was sentenced to a term of imprisonment on charges of prison breach, assault and battery and receiving stolen goods. He was released on parole and while...

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