GWINN, PLAINTIFF v. ROBERT KANE, ET AL.

No. 5 Tr. Dkt. 1975.

19 Pa.Commw. 243 (1975)

Richard H. Gwinn, Plaintiff-Petitioner, v. Robert P. Kane, et al., Defendants-Respondents.

Commonwealth Court of Pennsylvania.

May 27, 1975.


Attorney(s) appearing for the Case

Edwin P. Rome, with him Jerome R. Richter, Norman Perlberger and Blank, Rome, Klaus & Comisky, for plaintiff-petitioner.

Michael L. Levy, Assistant Attorney General, and Mark A. Klugheit, Assistant Attorney General, for defendants-respondents.

Argued March 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, May 27, 1975:

Cross-motions for summary judgment posture the legal issues raised in this action in quo warranto by which plaintiff, Richard H. Gwinn, seeks to void an indictment charging him with perjury and false swearing. To accomplish this objective, plaintiff, by this action, attacks the office held by Walter M. Phillips, Jr., the role two of his subordinates played in the investigation and presentment leading to plaintiff's...

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