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HAIRSTON v. JACOBS ET AL.

No. 179 Misc. Dkt. No. 2.

48 Pa.Commw. 117 (1979)

Preston Hairston, Petitioner v. Fred W. Jacobs, Chairman, Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al., Respondents.

Commonwealth Court of Pennsylvania.

December 19, 1979.

Attorney(s) appearing for the Case

Preston Hairston, petitioner, for himself.

Stephen J. Mascherino, Assistant Attorney General, with him Robert A. Greevy, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondents.

Submitted on briefs, July 30, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE ROGERS, December 19, 1979:

Preston Hairston has filed a petition for review in the nature of mandamus asking us to overturn the action of the Pennsylvania Board of Probation and Parole recommitting him to prison as a convicted parole violator. The Board has filed an answer and new matter and both parties have filed motions for summary judgment. The issues are before us on briefs.

While on parole, Hairston was arrested by the Philadelphia...

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