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

No. 279 Misc. Dkt.

33 Pa.Commw. 373 (1978)

Judson Spencer, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent.

Commonwealth Court of Pennsylvania.

January 25, 1978.

Attorney(s) appearing for the Case

Judson Spencer, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Submitted on briefs, November 29, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DISALLE.

OPINION BY JUDGE BLATT, January 25, 1978:

Judson Spencer (Spencer) filed a complaint in mandamus, which this Court will consider to be a petition for review, requesting us to quash a parole detainer lodged against him and to direct the Pennsylvania Board of Probation and Parole (Board) to reinstate him to parole status. The Board has raised preliminary objections in the nature of a demurrer.

A demurrer admits as true all well and clearly pleaded material factual...

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