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KENNEDY ET AL. v. COM. OF PA. ET AL.

No. 581 C.D. 1988.

119 Pa.Commw. 24 (1988)

546 A.2d 733

John Kennedy, citizen, and Bertram W. Olley and Daniel L. Schubert, Petitioners v. Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

August 19, 1988.

Attorney(s) appearing for the Case

John Kennedy, with him, Bertram W. Olley and Daniel L. Schubert, for petitioners.

Gregory R. Neuhauser, Senior Deputy Attorney General, with him, John G. Knorr, III, Chief Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania, and The State Treasurer.

C. Clark Hodgson, Jr., with him, Ursula B. Bartels, Stradley, Ronon, Stevens & Young, for respondents, The Senate and The House of Representatives of the Commonwealth of Pennsylvania, Robert C. Jubelirer, K. Leroy Irvis, James J. Manderino, Max Pievsky, Matthew J. Ryan, Richard A. Tilghman, F. Joseph Loeper and J. William Lincoln.

Argued June 15, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and McGINLEY.

OPINION BY JUDGE DOYLE, August 19, 1988:

Before us for disposition are preliminary objections in the nature of demurrers filed by the House of Representatives and the Senate of Pennsylvania and certain officers thereof (collectively the Legislature) and by the Commonwealth and the State Treasurer (collectively the Commonwealth) to a complaint addressed to our original jurisdiction. That complaint was filed by Representative John Kennedy, Bertram Olley and Daniel L...

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