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FITCH APPEAL (NO. 2)

405 Pa. 174 (1961)

Fitch Appeal (No. 2).

Supreme Court of Pennsylvania.

October 10, 1961.

Attorney(s) appearing for the Case

Paul A. Simmons, with him Tempest & Simmons, for appellant.

Stephen I. Richman, with him Barron P. McCune, and McCune & Greenlee, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY MR. JUSTICE EAGEN, October 10, 1961:

This appeal is from an order of the court below in a proceeding emanating from the primary election held in Somerset Township, Washington County, Pennsylvania, on May 16, 1961.

Herein, the appellant questions the legal correctness of the lower court's decision involving the validity and tabulation of an absentee ballot casting a vote for the appellee in the contest for...

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