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KAPLAN v. SMITH ET AL.

No. 2099 C.D. 1977.

40 Pa.Commw. 95 (1979)

Louis J. Kaplan, Petitioner v. Paul J. Smith, in his official capacity as Secretary of Labor and Industry and James Wade, in his official capacity as Secretary of Administration, Respondents.

Commonwealth Court of Pennsylvania.

January 22, 1979.

Attorney(s) appearing for the Case

Stephen A. Sheller, with him Bruce M. Ludwig, for petitioner.

Louis J. Rovelli, Deputy Attorney General, with him Kathleen F. McGrath, Deputy Attorney General, J. Austin Blewitt, Jr., Deputy Attorney General, and Gerald Gornish, Acting Attorney General, for respondents.

Argued September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DiSALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.

OPINION BY JUDGE MENCER, January 22, 1979:

Louis L. Kaplan (Kaplan), Secretary of the Workmen's Compensation Appeal Board, has filed a petition for review in the nature of an action in mandamus seeking to compel a salary increase to which he is allegedly entitled under Section 441 of The Administrative Code of 1929 (Code), Act of April 9, 1929, P.L. 177, as amended, 71 P.S. § 151. The named respondents...

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