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LUTZ v. ZIMMERMAN

No. 43 T.D. 1985.

95 Pa.Commw. 439 (1986)

505 A.2d 1356

James L. Lutz, Petitioner v. Commonwealth of Pennsylvania, State Attorney General LeRoy S. Zimmerman, Respondent.

Commonwealth Court of Pennsylvania.

March 6, 1986.

Attorney(s) appearing for the Case

James L. Lutz, petitioner, for himself.

Ellis M. Saull, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs September 12, 1985, to President Judge CRUMLISH, JR., Judge ROGERS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 6, 1986:

Attorney General LeRoy S. Zimmerman has filed preliminary objections in the nature of a demurrer to James L. Lutz's complaint in mandamus.1 We sustain the preliminary objections.

The pertinent facts are as follows: Lutz avers that he had been employed as a special investigator by the District Attorney of Schuylkill...

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