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IN RE NOMINATION PETITIONS OF FUMO

846 A.2d 672 (2004)

In re the NOMINATION PETITIONS OF Senator Vincent J. FUMO as a Democratic Candidate for the Office of Pennsylvania State Senator, Representing the 1st Senatorial District, Appeal of Dr. James Tayoun, Jr. In re the Nomination Petition of Vincent J. Fumo, Pennsylvania State Senator. Appeal of Donna McGinty. In re Objections to the Nomination Petitions and Statement of Financial Interest of Vincent J. Fumo Candidate for Pennsylvania State Senate in the Democratic Primary in the First Senatorial District, Objections of Dr. James Tayoun, Jr., Anthony Truscello, Jr. and Donna M. McGinty. Appeal of James Tayoun, Jr., Donna M. McGinty and Anthony Truscello.

Supreme Court of Pennsylvania.

April 7, 2004.

Attorney(s) appearing for the Case

Samuel C. Stretton, West Chester, for Donna M. McGinty and James Tayoun, Jr. et al.

Christopher B. Craig, Harrisburg, Ralph J. Teti, Philadelphia, for Vincent J. Fumo.

BEFORE: CAPPY, C.J., AND CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN AND BAER, JJ.

ORDER

PER CURIAM.

AND NOW, this 7th day of April 2004 the Motion to Consolidate is hereby GRANTED. The appeals docketed at 17 and 18 EAP 2004 are hereby AFFIRMED. The appeal docketed at 11 EAP 2004 is DISMISSED as being MOOT.

Justice CASTILLE files a concurring and dissenting statement.

Justice CASTILLE concurring and dissenting.

I join in the mandate of affirmance...

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