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ZEMPRELLI v. THORNBURGH

No. 973 C.D. 1979.

47 Pa.Commw. 43 (1979)

Edward P. Zemprelli, State Senator, Petitioner v. Richard L. Thornburgh, Governor, Respondent.

Commonwealth Court of Pennsylvania.

October 29, 1979.

Attorney(s) appearing for the Case

James H. Cawley, Chief Counsel to the Majority Caucus, Senate of Pennsylvania, for petitioner.

David H. Allshouse, Deputy Attorney General, with him Norman J. Watkins, Deputy Attorney General, Chief, Civil Litigation, and Edward G. Biester, Jr., Attorney General, for respondent.

Argued September 11, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges CRUMLISH, JR. and MENCER did not participate.

OPINION BY JUDGE CRAIG, October 29, 1979:

Petitioner, in his capacity as a member of the Senate of Pennsylvania, has addressed this petition to our original jurisdiction, seeking a judicial remedy against the Governor of the Commonwealth of Pennsylvania on the basis of Article IV, § 8(b) of the Pennsylvania Constitution, which in part provides:

(b) The Governor shall fill vacancies in offices to which he appoints by nominating to the Senate a proper...

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