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CIANFRANI v. STATE EMPLOYEES' RET. BD.

No. 2722 C.D. 1978.

57 Pa.Commw. 135 (1980)

Henry J. Cianfrani, Petitioner v. Commonwealth of Pennsylvania, State Employees' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

July 24, 1980.

Attorney(s) appearing for the Case

Charles M. Golden, with him Sharlyn B. Cohen, for petitioner.

Susan J. Forney, Deputy Attorney General, with her Allen C. Warshaw, Chief, Civil Litigation, and Harvey Bartle, III, Acting Attorney General, for respondent.

Argued June 5, 1980, before Judges WILKINSON, JR., BLATT and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 24, 1980:

Petitioner has brought in the Commonwealth Court's original jurisdiction a complaint containing a count for declaratory judgment and a count for a writ of mandamus. Petitioner contends that Section 5953 of the State Employees' Retirement Code (Code), 71 Pa. C.S. § 5953, constitutes an unconstitutional impairment of petitioner's contractual rights and permits the taking and confiscation of property by the Commonwealth...

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