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  5. 119 Pa.Commw. 63 (1988)
 

FEDERATION OF S.C. & E. PROF. v. COM. OF PA.

No. 544 C.D. 1988.

119 Pa.Commw. 63 (1988)

546 A.2d 147

Federation of State Cultural and Educational Professionals, Pennsylvania State Education Association, Ross Blust and Geoffrey S. Lucas, Petitioners v. Commonwealth of Pennsylvania, Department of Education and Office of General Counsel, Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

August 22, 1988.

Attorney(s) appearing for the Case

Mark P. Widoff, with him, Mary Catherine Frye, Widoff, Reager, Selkowitz & Adler, P.C., and Lynne Wilson, for petitioners.

Joel M. Ressler, Senior Deputy Attorney General, with him, John G. Knorr, III, Chief Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued June 15, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and McGINLEY.

OPINION BY JUDGE MacPHAIL, August 22, 1988:

Petitioners seek summary judgment in an action for declaratory judgment filed in our original jurisdiction. We will enter a declaratory judgment in their favor.

There appears to be no material factual dispute in this case. Petitioners Blust and Lucas are employees of the Department of Education (Department). Blust is an Educational Measurement and Evaluation Supervisor; Lucas is an academic counselor at the Huntingdon...

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