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ZEMPRELLI v. DANIELS

496 Pa. 247 (1981)

436 A.2d 1165

Edward P. ZEMPRELLI, J. William Lincoln, Robert J. Mellow, James E. Ross and Eugene F. Scanlon, State Senators, Petitioners, v. LeGree S. DANIELS, Robert C. Jubelirer, F. Joseph Loeper, Senate of Commonwealth of Pennsylvania, Intervenors and Florence J. Baals, Ernesta D. Ballard, H. Edward Black, John C. Goebert, Ezra M. Miller, Mark Neal Platts, William L. Pollard, Joseph V. Zord, Jr., Nelson Page Aspen, M.D., Anthony R. Cognetti, Elizabeth J. Harper, Earl Horton, Joseph T. Marconis, M.D., Dennis E. McMaster, John H. Moyer, III, M.D., D.Sc., John Wilson Stemler, and Clifford Tinklepaugh, Respondents.

Supreme Court of Pennsylvania.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Michael T. McCarthy, Senate Democratic Caucus, Harrisburg, for petitioners.

Allen C. Warshaw, Harrisburg, for respondents.

Thomas L. Wenger, Harrisburg, for intervenors.

OPINION OF THE COURT

O'BRIEN, Chief Justice.

Petitioners in the instant action are five state senators who voted against the confirmation of Respondent Daniels as a member of the State Tax Equalization Board. Other respondents include 17 other successful nominees. Two state senators who voted to confirm respondents' appointments and the Senate of the Commonwealth of Pennsylvania have been granted leave to intervene. Invoking our original jurisdiction pursuant...

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