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CLAYTON FOX v. ANDREW J. WATSON (12/27/73)

decided: December 27, 1973.

CLAYTON FOX, JOHN I. MCKENNEY, MARY ELLISON, EDGAR E. HUFF, GRACE P. KIRKPATRICK, BERNELL C. BRUBAKER, CHARLES T. ZEIDERS, COLE T. GITTMAN, JR., CRAIG LOUGHERY AND NORAH M. COPE, INDIVIDUALS, PLAINTIFFS,
v.
ANDREW J. WATSON, MARY ALICE BACKMAN AND CHESTER LITZ, INDIVIDUALS, DEFENDANTS



Original jurisdiction in case of Clayton Fox, John I. McKenney, Mary Ellison, Edgar E. Huff, Grace P. Kirkpatrick, Bernell C. Brubaker, Charles T. Zeiders, Cole T. Gittman, Jr., Craig Loughery and Norah M. Cope, Individuals, v. Andrew J. Watson, Mary Alice Backman and Chester Litz, Individuals.

COUNSEL

William H. Naugle, with him Naugle & Sullivan, for plaintiffs.

Herbert G. Rupp, Jr., with him Rupp & Meikle, for defendants.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Rogers.

Author: Rogers

[ 11 Pa. Commw. Page 298]

This is an action in quo warrantor tried without a jury. The issue is whether plaintiffs Clayton Fox, John I. McKenney, Mary Ellison, Edgar E. Huff and Grace P. Kirkpatrick are officers of the Constitutional Party of Pennsylvania, or whether the posts of State Chairman, State Secretary and State Treasurer are held respectively by the defendants Andrew J. Watson, Mary Alice Backman and Chester Litz. The issue arises from certain meetings conducted after the spring primary held in April 1972.

Findings of Fact

1. The Constitutional Party was at all times relevant hereto a political party as that term is defined and used in the Pennsylvania Election Code, Act of June 3, 1937, P.L. 1333, 25 P.S. ยง 2601 et seq.

2. The Rules of the Constitutional Party at all times relevant provided for the election of two state committee persons from each state senatorial district or where a senatorial district included more than one county or parts of counties two from each such county.

[ 11 Pa. Commw. Page 2993]

. At the primary election held in April of 1972 only 15 persons were elected to the office of state committee person of the Constitutional Party. These persons included the plaintiffs McKenney, Huff, Kirkpatrick, Brubaker, Zeiders, Gittman, Loughery and Cope. Also included in these 15 elected state committee persons was the defendant Litz.

4. The defendant Andrew J. Watson was, at and before the spring primary of April 1972, the duly qualified Chairman of the Constitutional Party. The plaintiffs are ...


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