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FRED MERGENTHALER v. COMMONWEALTH PENNSYLVANIA (01/25/78)

COMMONWEALTH COURT OF PENNSYLVANIA


January 25, 1978

FRED MERGENTHALER, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, STATE EMPLOYES RETIREMENT BOARD, APPELLEE

33 Pa. Commw. 237.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers, Blatt and DiSalle. Opinion by Judge Wilkinson, Jr. following reargument.

Author: Wilkinson

[ 33 Pa. Commw. Page 249]

This matter was before our Court on March 10, 1977 with a decision and order, dated April 25, 1977, as follows:

Now, April 25, 1977, the adjudication of the State Retirement Board, dated April 7, 1976, refusing Fred Mergenthaler access to a list of retirees in order to copy such list is modified and the Board is hereby ordered to allow Fred Mergenthaler access to minutes of the Board

[ 33 Pa. Commw. Page 250]

    meetings to obtain the names of retirees and to the files of retirees in order to obtain their addresses. Should it become necessary to remove confidential data from the files, this shall be done by the Board, at the expense of appellant, prior to the allowance of access to these files.

The opinion, together with a dissenting opinion by Judge Mencer, is reported in 33 Pa. Commonwealth Ct. 237, 372 A.2d 944 (1977). Cross-motions for reargument were granted and the case is before us for reconsideration having been re-argued.

We find no reason to modify our opinion or order as previously filed.

Accordingly, we enter the following

Order

Now, January 25, 1978, the order of this Court, entered April 25, 1977, in the above matter is confirmed.

19780125

© 1998 VersusLaw Inc.



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