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BARBIERI v. SHAPP ET AL.

No. 468 C.D. 1977.

29 Pa.Commw. 594 (1977)

Alexander F. Barbieri, Individually and acting in his official capacity as the Court Administrator of Pennsylvania, Petitioner v. Milton J. Shapp, Governor of the Commonwealth of Pennsylvania, et al., Respondents.

Commonwealth Court of Pennsylvania.

April 22, 1977.

Attorney(s) appearing for the Case

Jonathan Vipond, III, with him Eve L. Cutler, for petitioner.

Vincent X. Yakowicz, Solicitor General, with him Melvin R. Shuster, Deputy Attorney General, Alan M. Bredt, Deputy Attorney General, Gerald Gornish, Deputy Attorney General, Robert P. Kane, Attorney General, and Lawrence J. Beaser, Counsel to the Governor, for respondents.

Argued April 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, April 22, 1977:

By petition for review in the nature of a complaint in equity and for declaratory judgment filed March 2, 1977, the Court Administrator of Pennsylvania seeks a declaration by this Court with appropriate relief that four identified judicial offices should be filled by the elective process in this year 1977 and not by the appointive process inasmuch as the incumbents during this year will attain the age of seventy years...

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