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ABRAHAM v. DEPT. OF CORRECTIONS

150 Pa.Commw. 81 (1992)

615 A.2d 814

Lynne ABRAHAM, District Attorney for the City and County of Philadelphia, Petitioner, v. The DEPARTMENT OF CORRECTIONS OF the COMMONWEALTH OF PENNSYLVANIA; Joseph D. Lehman, Secretary of the Department of Corrections; the Commonwealth of Pennsylvania; Robert P. Casey, Governor of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

Decided August 18, 1992.

Reargument Denied September 17, 1992.

Attorney(s) appearing for the Case

Sarah B. Vandenbraak, Chief, Civil Litigation Unit, for petitioner.

Amy L. Putnam, Deputy Gen. Counsel, for respondent.

Peter Rosalsky, for amicus curiae, The Defender Ass'n of Philadelphia.

Before CRAIG, President Judge, DOYLE (P.), J., and LORD, Senior Judge.

CRAIG, President Judge.

Before this court is a motion of the Pennsylvania Department of Corrections to open a peremptory judgment in a mandamus action addressed by Philadelphia's District Attorney (DA) to the original jurisdiction of this court. The Commonwealth seeks to open this court's peremptory mandamus order of January 13, 1992, requiring the Commonwealth to take into custody certain classes of criminal...

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