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MUN. OF MT. LEBANON APPEAL

No. 1228 C.D. 1984.

85 Pa.Commw. 490 (1984)

The Municipality of Mt. Lebanon, a home rule community, and James P. Cain, Manager/Secretary of The Municipality of Mt. Lebanon, Appellants v. John L. Erskine et al., Appellees.

Commonwealth Court of Pennsylvania.

October 19, 1984.

Attorney(s) appearing for the Case

Edwin L. Klett, with him, Robert L. Byer, Eckert, Seamans, Cherin & Mellott, for appellants.

Richard DiSalle, with him, Templeton Smith, Jr. and Thomas W. Corbett, Jr., Rose, Schmidt, Dixon & Hasley, and Myrna P. Field, of counsel, for appellees.

Argued September 10, 1984, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 19, 1984:

The Municipality of Mt. Lebanon appeals a decision of the Court of Common Pleas of Allegheny County granting peremptory judgment on a mandamus complaint. The petitioners, as members of a committee formed pursuant to the Mt. Lebanon Home Rule Charter, had filed the complaint seeking to compel the secretary of Mt. Lebanon to provide them with blank initiative petitions...

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