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MARTONICK v. BEATTIE ET AL. (10/07/55)

October 7, 1955

MARTONICK
v.
BEATTIE ET AL., APPELLANTS.



Appeals, Nos. 35 to 38, inclusive, Oct T., 1956, from orders of Court of Common Pleas of Carbon County, Oct. T., 1955, Nos. 77 and 78, in cases of George Martonick v. Paul E. Beattie, Chairman, Republican Party of Carbon County, et al., and Michael J. Baddick v. Same. Orders reversed.

COUNSEL

George B. Richards, for appellants.

John Deutsch, for appellant.

H. L. Snyder, with him John Dobosh, for appellees.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

[ 179 Pa. Super. Page 471]

PER CURIAM

The orders of the court below are reversed at appellees' costs.

President Judge RHODES dissents for the following reasons: (1) That the Superior Court does not have jurisdiction and the motion to certify the appeals to the Supreme Court should have been granted, and (2) that on the merits the orders should be affirmed on the opinion of President Judge MCCREADY.

Judge ROSS dissents on the ground that the Superior Court does not have jurisdiction.

19551007

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