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COSTELLO v. RICE

397 Pa. 198 (1959)

Costello, Appellant, v. Rice.

Supreme Court of Pennsylvania.

June 30, 1959.

Attorney(s) appearing for the Case

Philip P. Kalodner, with him John T. Synnestvedt, for appellant petitioner.

Harry J. Rubin, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, June 30, 1959:

This case, like Butcher et al. v. Rice, ante p. 158, questions the constitutionality of the Apportionment Act of May 10, 1921, P.L. 449, as amended by the Act of July 26, 1923, P.L. 106, and, by like token, the preceding Apportionment Acts of 1906 and 1874. The matter is before us on original jurisdiction. After the pleadings had been completed in the Court of Common Pleas of Dauphin County (where the suit...

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