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MAGNELLI v. PA. ST. CIVIL SERV. COMM. ET AL.

No. 2314 C.D. 1976.

55 Pa.Commw. 531 (1980)

Frank R. Magnelli, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Civil Service Commission and Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondents.

Commonwealth Court of Pennsylvania.

December 22, 1980.

Attorney(s) appearing for the Case

Walter K. Swartzkopf, Jr., for petitioner.

Barbara G. Raup, Assistant Attorney General, with her Harry Bowytz, Chief Counsel, for respondent, Pennsylvania State Civil Service Commission.

David Shotel, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel, for respondent, Pennsylvania Liquor Control Board.

Argued June 2, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR. and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., December 22, 1980:

In 1976, petitioner Frank R. Magnelli filed in this Court an original action in mandamus, naming as respondents the State Civil Service Commission (Commission) and the Pennsylvania Liquor Control Board (LCB). At the time of bringing the action the petitioner was employed by LCB as an Enforcement Officer III.

The petitioner's central allegation is that certain other persons holding higher level positions as...

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