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SIMMONS v. TUCKER et al.

2 Pa.Commw. 190 (1971)

Paul A. Simmons v. Delores Tucker, Secretary of the Commonwealth of Pennsylvania and Thomas D. Gladden, Intervenor.

Commonwealth Court of Pennsylvania.

May 19, 1971.

Attorney(s) appearing for the Case

Oliver N. Hormell, with him Hormell, Tempest, Simmons, Bigi & Melenyzer, for plaintiff.

Israel Packel, Special Assistant Attorney General, with him J. Shane Creamer, Attorney General, for Defendant.

Edward Friedman, Dechert Price & Rhoads, Davis G. Yohe, Peacock, Keller, Yohe & Day, for intervenor.

Argued May 5, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE WILKINSON, May 19, 1971:

The narrow issue before this Court in this case is whether the commissioning by the President of the United States of a Pennsylvania common pleas judge as a federal district judge, without a resignation by the judge or his assuming of the duties of his office as a federal district judge, constitutes his holding office within the meaning of the prohibition of section 17(a) of Article V of the Pennsylvania Constitution. We hold...

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