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LEHMAN v. TUCKER

470 Pa. 362 (1977)

368 A.2d 670

Lee A. LEHMAN, Appellant, v. Harry E. TUCKER.

Supreme Court of Pennsylvania.

Decided January 28, 1977.

Attorney(s) appearing for the Case

Edward G. Petrillo, Warren, for appellant.

Philip F. Jacobus, Kane, for appellee.

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

OPINION OF THE COURT

O'BRIEN, Justice.

On November 4, 1975, appellee, Harry E. Tucker, defeated appellant, Lee A. Lehman, the incumbent, for the office of Sheriff of Forest County. On January 16, 1976, appellant Lehman filed an action in quo warranto, challenging the right of appellee Tucker to hold the office of sheriff.

The gravamen of appellant's complaint was that appellee did not meet the residency requirements for county

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