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WILLIAMS APPEAL. BUCCELLA APPEAL (05/07/70)

SUPREME COURT OF PENNSYLVANIA


decided: May 7, 1970.

WILLIAMS APPEAL. BUCCELLA APPEAL

Appeal from order of Court of Common Pleas of Delaware County, No. 2692 of 1970, in re nomination petition of Florence T. Williams for the office of Republican County Committeewoman of the First Precinct, Third Ward, Radnor Township, Delaware County, Pennsylvania.

COUNSEL

Francis J. Robinson, for appellant.

Herbert K. Zearfoss, for appellee.

James J. DeMarco, with him DeMarco and DeMichele, for appellant.

Jack Litz, for appellee.

Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Chief Justice Bell took no part in the consideration or decision of these cases.

Author: Per Curiam

[ 438 Pa. Page 310]

The appeals in these cases properly lie in the Superior Court by virtue of the Act of December 2, 1968, P. L. [ILLEGIBLE WORD], § 1, 12 P.S. § 1111.1, implementing in part Section 9 of Article 5 of the Pennsylvania Constitution. We have, however, entertained these appeals and likewise the appeal in Romanik Appeal, 438 Pa. 543, 264 A.2d 404 (1970), because if we were to remit to the Superior Court the cases would become moot prior to decision due to the imminence of the primary election of May 19, 1970, and because, as we have noted in other cases recently decided, Plains Township School Page 311} District Appeal, 438 Pa. 294, 265 A.2d 358 (1970), the profession generally has been unaware of Act No. 351 since it has been published only recently in Purdon's Pennsylvania Statutes, Annotated.

Having considered these cases on the merits, the orders of the courts below are affirmed.

Disposition

Order affirmed.

19700507

© 1998 VersusLaw Inc.



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