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COMMONWEALTH v. BODAMER ET AL.

No. 636 C.D. 1978.

40 Pa.Commw. 524 (1979)

Commonwealth of Pennsylvania, Plaintiff v. Oscar W. Bodamer, Chairman, Louis Judson, Henry Mackey, in their capacities as the County Commissioners of Venango County and Harry A. Storm, Sheriff, Defendants.

Commonwealth Court of Pennsylvania.

February 20, 1979.

Attorney(s) appearing for the Case

Thomas F. Halloran, Assistant Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Gerald S. Gornish, Acting Attorney General, for plaintiff.

H. Woodruff Turner, with him David A. Borkovic, and Kirkpatrick, Lockhart, Johnson & Hutchison, and, of counsel, F. Earle Magee, Jr., for defendants.

Argued November 3, 1978, before Judges ROGERS, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 20, 1979:

Plaintiff, the Commonwealth of Pennsylvania, has sued the Commissioners and Sheriff of Venango County (Defendants) in equity to enforce standards applicable to Pennsylvania county jails and prisons (Standards) promulgated by the Bureau of Correction of the Department of Justice (Department). The Defendants filed preliminary objections in the nature of a demurrer which aver the existence of a full, complete and adequate...

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