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BARBIERI v. THORNBURGH ET AL.

No. 592 C.D. 1979.

42 Pa.Commw. 16 (1979)

Dennis E. Thiemann, Petitioner v. Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania; Ethel D. Allen, D.O., Secretary of the Commonwealth; Louis C. Mete, Commissioner of the Bureau of Legislation, Commissions and Elections, Department of State, Commonwealth of Pennsylvania and Michael J. Eagen, Chief Justice, Supreme Court of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

April 12, 1979.

Attorney(s) appearing for the Case

Burton D. Morris, with him Baskin & Sears, for petitioner.

Robert E. Kelly, Deputy Attorney General, for respondents.

Argued March 20, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judges DiSALLE, CRAIG and MacPHAIL did not participate.

MEMORANDUM OPINION BY PRESIDENT JUDGE BOWMAN, April 12, 1979:

By petition for review in the nature of mandamus and declaratory judgment filed March 19, 1979, petitioner, Dennis E. Thiemann, as a qualified elector, seeks a declaration by this Court with appropriate relief that the election of the successor to the Chief Justice of Pennsylvania whose elective term expires on the first Monday of January, 1981, be conducted in this municipal election year 1979, with the...

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