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CYRIL H. WECHT v. HONORABLE ROBERT E. COLVILLE (08/12/83)

SUPERIOR COURT OF PENNSYLVANIA


August 12, 1983

CYRIL H. WECHT
v.
THE HONORABLE ROBERT E. COLVILLE, CHARLES A. DEMONACO, LEO M. DILLON, JAMES LEES JR., PATRICK J. THOMASSEY, WILLIAM MCCLOSKEY AND THE TRIBUNE REVIEW, THE HONORABLE ROBERT E. DAUER, JOHN DOE, FOREMAN OF THE INVESTIGATING GRAND JURY AND EACH MEMBER OF THE INVESTIGATING GRAND JURY CONVENED ON APRIL 17, 1979 WHOSE IDENTITIES ARE PRESENTLY UNKNOWN; APPEAL OF: TOM FOERSTER, CYRIL H. WECHT, M.D., J.D., AND WILLIAM R. HUNT, M.D.

No. 910 Pittsburgh, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Allegheny County at No. GD80-19832.

Before Spaeth, Cavanaugh and Rowley, JJ. Spaeth, J. files a concurring statement.

Per Curiam:

Order affirmed.

SPAETH, J.:

I join in the majority's opinion, for I agree that on its merits, the order is correct. In my view, however, appellant Wecht may not purport to represent the interests of Allegheny County, given his personal stake in the outcome of the litigation. Also in my view, Judge DAUER should not have entertained the petition for the appointment of counsel, given his status as a defendant. See Code of Judicial Conduct Cannon 3, ยง C (1) (d) (i) (1980).

19830812

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