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PACKLER v. STATE EMP. RETIREMENT BD.

487 Pa. 51 (1979)

408 A.2d 1091

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, Appellant, v. The STATE EMPLOYES' RETIREMENT BOARD of the Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

Decided December 21, 1979.

Attorney(s) appearing for the Case

Patrick H. Mahady, Mahady & Mahady, Greensburg, for appellant.

Raymond Kleiman, Deputy Atty. Gen., Harrisburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

This appeal is from an order of the Commonwealth Court sustaining preliminary objections of appellee, The State Employes' Retirement Board of the Commonwealth of Pennsylvania, and dismissing a complaint in mandamus filed by appellant, Louis Packler.

Appellant was a member of the Pennsylvania State Police from 1936 until his retirement in 1973. Prior to 1936, appellant...

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