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BIRMINGHAM TWP. ELECTION CONTEST CASE

393 Pa. 396 (1958)

Birmingham Township Election Contest Case.

Supreme Court of Pennsylvania.

June 30, 1958.

Attorney(s) appearing for the Case

Dallett Hemphill, with him Samuel Lichtenfeld, for appellants.

Robert S. Gawthrop, with him Gawthrop & Greenwood, for appellee.

Before JONES, C.J., MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, June 30, 1958:

This appeal challenges the validity of an order of the Court of Common Pleas of Chester County dismissing an election contest proceeding.

At a municipal election held on November 5, 1957 in Birmingham Township, Chester County, there were three candidates for school director, two to be elected: Frederick J. Wolter, a Democrat, and Robert Earl Barnett and Phoebe S. Wylie, both Republicans. The official...

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