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GONDELMAN v. COM. OF PA.

No. 1420 C.D. 1988.

120 Pa.Commw. 624 (1988)

550 A.2d 814

Harold Gondelman, on his own behalf and on behalf of all others similarly situated, Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

November 3, 1988.

Attorney(s) appearing for the Case

Harold Gondelman, petitioner, for himself.

Gregory R. Neuhauser, Deputy Attorney General, with him, John G. Knorr, III, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Henry T. Reath, Duane, Morris & Heckscher, for intervenor, Leon Katz.

Argued October 5, 1988, before Judges CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE PALLADINO, November 3, 1988:

Harold Gondelman filed a petition for review, in the nature of a complaint for declaratory judgment, in this court's original jurisdiction. Gondelman seeks to have this court declare unconstitutional section 16(b) of Article V of the Pennsylvania Constitution, which mandates retirement of all judges at age 70.1 The Commonwealth responded...

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