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F.O.P. BY BASCELLI v. BAILEY

128 Pa.Commw. 72 (1989)

562 A.2d 985

PENNSYLVANIA STATE LODGE OF THE FRATERNAL ORDER OF POLICE, by its Trustee Ad Litem Francis P. BASCELLI et al., Petitioners, v. Donald BAILEY, Auditor General of the Commonwealth of Pennsylvania and the Office of Auditor General of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Gary M. Lightman, Anthony C. Busillo, II, Michael J. McGovern, Harrisburg, for petitioners.

William T. Simmons, Robert J. Schwartz, Deputy Chief Counsel, with him, Paul Yatron, Chief Counsel, Harrisburg, for Auditor Gen.

Robert C. Bell, Amicus Curiae for Public Employees Retirement Study Commission.

Before McGINLEY, SMITH (P.), JJ., and NARICK, Senior Judge.

SMITH, Judge.

Petitioners, Pennsylvania State Lodge of the Fraternal Order of Police, Thomas Megless and William Evens, filed a petition for declaratory judgment against Donald Bailey and the Office of the Auditor General of the Commonwealth of Pennsylvania (Respondents).1 Petitioners and Respondents have filed cross motions for summary judgment; Petitioners' motion is denied and...

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