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NICOLETTI v. VEITCH et al.

411 Pa. 216 (1963)

Nicoletti v. Veitch (et al., Appellant).

Supreme Court of Pennsylvania.

June 4, 1963.

Attorney(s) appearing for the Case

Norvin Nathan, for appellants.

No argument was made nor brief submitted for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, June 4, 1963:

This action in quo warranto was brought by plaintiff, Stephen Nicoletti, to question the right of James Whyno to hold the office of borough councilman. The undisputed facts show that a vacancy occurred on the Bristol Borough Council by virtue of the resignation of one of its members. At the regular monthly meeting of council held on July 9, 1962, Nicoletti and Whyno were nominated...

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