decided: March 13, 1973.
ITTEL, JR., ET AL.
TUCKER, ET AL.
Original jurisdiction in case of Frank W. Ittel, Jr., Robert N. Peirce, Jr., Richard J. Stampahar and Frank J. Staud, individually and on behalf of all the qualified electors of the County of Allegheny v. C. Delores Tucker, Secretary of the Commonwealth of Pennsylvania, Leonard C. Staisey, Thomas J. Foerster and William R. Hunt, Members of the Board of Commissioners of Allegheny County, Louis Sparvero, I. Martin Wekselman, Livingstone Johnson and Nathan Schwartz, Judges of the Court of Common Pleas of Allegheny County.
Rochelle S. Friedman, with her Frank W. Ittel, Jr., for petitioners.
Lawrence J. Beaser, Deputy Attorney General, with him Israel Packel, Attorney General, for respondents, Tucker, Sparvero, Wekselman, Johnson and Schwartz.
William R. Caroselli, Assistant County Solicitor, with him Anthony V. DeCello, Assistant County Solicitor, and Francis A. Barry, County Solicitor, for respondents, Staisey, Foerster and Hunt.
Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three.
Author: Per Curiam
[ 8 Pa. Commw. Page 436]
For the reasons set forth in our opinion filed in Allegheny County Commissioners, et al. v. C. DeLores Tucker, 7 Pa. Commonwealth Ct. 649, A.2d , filed February 20, 1973, we enter the following
And Now, March 13, 1973, the Petition for Declaratory Judgment is allowed, and we hereby declare that the Act of December 29, 1971, P.L. 630, No. 167, Section 3, 17 P.S. § 790.63, is constitutional, and declare further that the commissions issued by C. DeLores Tucker, Secretary of the Commonwealth, to respondents Louis Sparvero, I. Martin Wekselman, Livingstone Johnson, and Nathan Schwartz are valid.
Petition allowed. Act and commissions thereunder declared valid.
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