Legal Opinion
Cianfrani v. Commonwealth, State Employees' Retirement Board
Commonwealth Court of Pennsylvania
Decided July 24, 1980No. 2722 C.D. 1978PublishedCited by 3 opinions
1Opinion of the Court
Opinion by
Judge Wilkinson, Jr.,
Petitioner has brought in the Commonwealth Court’s original jurisdiction a complaint containing a count for declaratory judgment and a count for a writ of mandamus. Petitioner contends that Section 5953 of the State Employees’ Retirement Code (Code), 71 Pa. C. S. §5953, constitutes an unconstitutional impairment of petitioner’s contractual rights and permits the taking and confiscation of property by the Commonwealth without due process of law. Presently before the Court is petitioner’s motion for summary judgment under Pa. R.C.P. No. 1035.1
Petitioner was…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
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3Cited by3 opinions
- Catania v. Commonwealth, State Employees' Retirement BoardCommonwealth Court of Pennsylvania · 1983
- Pennsylvania v. CianfraniDistrict Court, E.D. Pennsylvania · 1985
- Cianfrani v. Commonwealth, State Employees Retirement BoardCommonwealth Court of Pennsylvania · 1981