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SWEENEY v. TUCKER

473 Pa. 493 (1977)

375 A.2d 698

Leonard E. SWEENEY, Vincent S. Mazza and James P. Heffley, Appellants, v. C. Delores TUCKER, Secretary of the Commonwealth, Grace M. Sloan, Treasurer of the Commonwealth, Herbert Fineman, Speaker of the House, K. Leroy Irvis, Majority Leader of the House, Samuel Rappaport, Chairman of the Ethics Committee, and Jean Francis, House Comptroller.

Supreme Court of Pennsylvania.

Decided July 8, 1977.

Attorney(s) appearing for the Case

Thomas A. Livingston, Dennis J. Clark, Livingston, Miller, O'Malley & Clark, Pittsburgh, for appellants.

Russell A. Davis, Harrisburg, for appellees.

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

OPINION OF THE COURT

ROBERTS, Justice.

On August 27, 1975, the Pennsylvania House of Representatives met in special session and, by a vote of 176 to 1, expelled Leonard A. Sweeney from membership in the House.1 The Speaker of the House then declared Sweeney's office vacant and issued a writ calling for a special election on November 4, 1975.2

On September...

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