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STONE v. ST. CORR. INST. AT GRATERFORD.

No. 2623 C.D. 1978.

55 Pa.Commw. 188 (1980)

Gary Stone, Petitioner v. The State Correctional Institution at Graterford, Respondent.

Commonwealth Court of Pennsylvania.

December 8, 1980.

Attorney(s) appearing for the Case

Lawrence J. Roberts, Nemeroff & Roberts, for petitioner.

Jerry I. Drew, Deputy Attorney General, with him John O.J. Shellenberger, Deputy Attorney General, Eastern Regional Director, and Edward G. Biester, Jr., Attorney General, for respondent.

Argued October 10, 1980, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 8, 1980:

This is an appeal from a decision of the State Civil Service Commission which sustained a prison guard's dismissal for possession of marijuana at a state correctional institution. We affirm.

Appellant contends that his possession of marijuana while on duty at a prison does not constitute just cause for dismissal. Under Section 807 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71...

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