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FERGUSON v. WAGNER

486 Pa. 93 (1979)

403 A.2d 1314

Douglas W. FERGUSON, Plaintiff, v. Frederic WAGNER, Treasurer of Crawford County; Oakley M. Lamb, Harry T. Kerr and Harold B. Turner, Commissioners of Crawford County, Defendants.

Supreme Court of Pennsylvania.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Paul E. Allen, Meadville, for plaintiff.

Robert B. Dornhaffer, Meadville, for defendants.

Lance H. Lilien, Deputy Atty. Gen., Harrisburg, for amicus curiae.

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

OPINION OF THE COURT

ROBERTS, Justice.

The part-time District Attorney of Crawford County, Ballard Smith, resigned from office in August, 1976. The Court of Common Pleas of Crawford County appointed plaintiff, Douglas Ferguson, to serve until January, 1980, the remainder of Smith's unexpired term. On September 1, 1976, plaintiff took office. Since taking office, plaintiff has served as the part-time district attorney and has received the annual salary for...

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