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JOSEPH PATRICK MCCABE v. SAMUEL M. LEHRER (09/21/81)

decided: September 21, 1981.

JOSEPH PATRICK MCCABE, ET AL., PETITIONERS AT 421 MISC. DKT. 1981,
v.
SAMUEL M. LEHRER, ET AL., APPELLANTS AT 453



No. 81-3-453, No. 421 E.D. Misc. Dkt. 1981, Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County, at No. 1277 June Term, 1981, Election Docket, dated July 31, 1981. Petition for King's Bench Appl. for Extraordinary Relief, etc.

COUNSEL

Julia B. Passyn, Philadelphia, for appellants at Nos. 81-3-461 through 81-3-467, petitioners at No. 421 E.D. Misc. Dkt. and Appellees at No. 81-3-453.

Gregory M. Harvey, Philadelphia, for Edward Rendell and Thomas Leonard.

Mark A. Aronchick, First Deputy City Sol., for City Comm. of Philadelphia and City of Philadelphia.

Isadore A. Shrager, Philadelphia, for Democratic City Executive Com.

Morris M. Shuster, Philadelphia, for amicus curiae Pa. Bar Assn.

David Glancey, Chairman, Philadelphia, for County Democratic Com.

Eugene Maier, Chairman, Philadelphia, for Bd. of Elections.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Larsen, J., filed a dissenting opinion. Nix, J., did not participate in the decision of this case.

Author: Per Curiam

[ 497 Pa. Page 219]

OPINION OF THE COURT

This matter is a challenge to the validity of the Democratic Primary Election for the Office of Judge of the Court of Common Pleas of Philadelphia held on May 19, 1981. At voting machines placed in 24 out of 66 of the City's voting wards, the name of Thomas J. McCormack, one of thirty candidates for one of eleven Democratic nominations, was inadvertently transposed with the name of Peter Paul Olszewski, a ...


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