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ZEIGENFUSE v. BOLTZ (ET AL. (10/27/60)

October 27, 1960

ZEIGENFUSE
v.
BOLTZ (ET AL., APPELLANTS).



Appeals, Nos. 93 and 94, Jan. T., 1961, from order of Court of Common Pleas of Schuylkill County, Nov. T., 1960, No. 1, in equity, in case of Glenn Zeigenfuse et al. v. Benjamin Boltz et al. Order reversed.

COUNSEL

Ralph M. Bashore and Daniel J. Boyle, for Schuylkill County Commissioners, appellants.

Fred C. Pace, for intervenors, appellants.

H. G. Stutzman and Stutzman, Lewis & Sidoriak, Calvin J. Friedberg and Hicks, Williamson, Friedberg, Jones & McKenna, Wilbur H. Rubright and Walesky & Rubright, and Leonard Schumack, for appellees.

Marshall J. Seidman, Deputy Attorney General, and Anne X. Alpern, Attorney General, for Commonwealth, intervenor.

Before Jones C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Jones

[ 401 Pa. Page 368]

OPINION BY MR. CHIEF JUSTICE JONES

By proceedings duly had in the Court of Quarter Sessions of Schuylkill County portions of Barry Township in that County were annexed to contiguous Butler Township in the same county. The order of annexation was affirmed by this Court on January 18, 1960, 398 Pa. 180, 157 A.2d 410. The following presently pertinent facts appear by stipulation of counsel filed on these appeals, viz.,

"8. Prior to the annexation of the territory above described to Butler Township, all of the residents living within said territory were registered as electors and voted in the North Election District of Barry Township and the East Election District of Barry Township. Under Apportionment Act of 1953, P.L. 956, Section 1.

"9. Barry Township was, and still is, in the Second Legislative District of Schuylkill County. Under the Apportionment Act of 1953, P.L. 956, Section 1.

"10. Under the Apportionment Act, supra, Butler Township was, and still is, in the First Legislative District of Schuylkill County."

In March of 1960 the Commissioners of Schuylkill County, acting as the County Board of Elections, without petition filed in the Court of Quarter Sessions, as required by law, purported to establish the annexed portions of Barry Township as the Mowry Election District of Butler Township. As a consequence, "At the Primary Election held April 26, 1960, the registered electors of the territory of Barry Township annexed to the Township of Butler hereinabove described, were given ballots and voted in the election precinct known as Mowry District ...


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