DINUBILE, ET AL. v. KENT, ET AL.

No. 1539 C.D. 1974.

19 Pa.Commw. 438 (1975)

The Honorable Victor J. DiNubile and The Honorable Kendall H. Shoyer, Petitioners, v. Robert F. Kent, Deputy Court Administrator of the Commonwealth of Pennsylvania, The Honorable Grace Sloan, Treasurer of the Commonwealth of Pennsylvania, Respondents, and State Employees' Retirement Board, Party Defendant.

Commonwealth Court of Pennsylvania.

June 4, 1975.


Attorney(s) appearing for the Case

Marvin Comisky, with him Alan C. Gershenson and, of counsel, Blank, Rome, Klaus & Comisky, for petitioners.

Gerald Gornish, Deputy Attorney General, with him Raymond Kleiman, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondents.

S. Regen Ginsburg, with him Raymond D. Rubens and Isidor Ostroff, for amicus curiae, Philadelphia Bar Association.

Argued March 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, June 4, 1975:

The Honorable Victor J. DiNubile and the Honorable Kendall H. Shoyer (petitioners) were reelected judges of the Court of Common Pleas of Philadelphia County on November 6, 1973. They were administered the oath of judicial office on January 7, 1974. On both of these dates, the pertinent part of Section 401(4) of the State Employes' Retirement Code of 1959, Act of June 1...

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