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McKENNA ET AL. v. ST. EMP. RETIRE. BD. ET AL.

No. 2626 C.D. 1978.

54 Pa.Commw. 338 (1980)

J. Frank McKenna, Jr. et al., Plaintiffs v. Commonwealth of Pennsylvania, State Employees' Retirement Board et al., Defendants.

Commonwealth Court of Pennsylvania.

October 23, 1980.

Attorney(s) appearing for the Case

John H. Bingler, Jr., with him J. Frank McKenna, III, and Jerome J. Pottmeyer, III, of Thorp, Reed & Armstrong, for plaintiffs.

Raymond Kleiman, with him Norman J. Watkins, Deputy Attorneys General, for defendant, Commonwealth of Pennsylvania.

Thomas J. Mangan, Jr., with him Judd N. Poffinberger, and David L. Feigenbaum, of Kirkpatrick, Lockhart, Johnson & Hutchison, for Amicus Curiae, Pennsylvania Bar Association.

Argued April 8, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE WILLIAMS, JR., October 23, 1980:

This is a class action requesting this Court to determine the validity of certain legislative modifications of the state employees' retirement program or the validity of the administrative application of those modifications insofar as they relate to the retirement pensions of the named plaintiffs and others similarly situated.

The plaintiffs are two judges retired from the Court of Common Pleas of Allegheny...

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