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PEABODY v. TUCKER

447 Pa. 398 (1972)

Peabody, Appellant, v. Tucker.

Supreme Court of Pennsylvania.

April 20, 1972.

Attorney(s) appearing for the Case

Henry T. Reath, with him Jane D. Elliott, Irving R.M. Panzer, Gerald S. Segal, and Duane, Morris & Heckscher, for appellant.

Lawrence T. Hoyle, Jr., Deputy Attorney General, with him Thomas J. Oravetz and Edward J. Weintraub, Deputy Attorney Generals, and J. Shane Creamer, Attorney General, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, April 20, 1972:

Appellant Endicott Peabody filed a complaint in mandamus in the Commonwealth Court requesting that the Secretary of the Commonwealth be ordered to certify his name for inclusion on the official ballot of the Democratic Party as a candidate for Vice-President of the United States at the primary to be held on April 25, 1972. The Commonwealth Court, after hearing, entered judgment against appellant. Appellant thereupon...

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