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MYERS, ET AL. v. KANE, ET AL.

No. 993 C.D. 1975.

23 Pa.Commw. 213 (1976)

Michael Myers, State Representative from the 184th Legislative District, and Oscar Rosario, Member of the Philadelphia Regional Planning Council, Plaintiffs, v. Robert P. Kane, Attorney General of Pennsylvania; Walter Phillips, Jr., Deputy Attorney General and Special Prosecutor for Philadelphia County; John Snavely, Executive Director of the Governor's Justice Commission; and Col. John D. Barger, Major John D. Case, Hon. K. LeRoy Ervis, James McCoughey, William Nagel, Hon. Richard A. Snyder, Leo P. Weir, Hon. Helene Wohlgemuth, Members of the Governor's Justice Commission, Defendants.

Commonwealth Court of Pennsylvania.

February 5, 1976.

Attorney(s) appearing for the Case

Vincent J. Ziccardi, for plaintiffs.

J. Donald McCarthy, Assistant Attorney General, with him Harry S. Tischler, Assistant Attorney General, Morris J. Solomon, Deputy Attorney General, M. Faith Angell, Deputy Attorney General, for defendants.

Argued January 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, February 5, 1976:

The funding of the Office of Special Prosecutor, Walter M. Phillips, Jr., through Federal Law Enforcement Assistance Administration (LEAA) grants is the subject of this complaint in equity, which is but another episode in the continuing controversy surrounding this office.1

The Attorney General and other public officers and officials named as defendants have filed sundry preliminary...

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