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COMMONWEALTH EX REL. BIONAZ v. BURNS

No. 555.

29 Pa. D. & C. 2d 315 (1962)

Commonwealth ex rel. Bionaz v. Burns

Common Pleas Court of Cambria County, Pennsylvania.

October 6, 1962.

Attorney(s) appearing for the Case

Ferdinand F. Bionaz, District Attorney, and Robert J. Cassidy, First Assistant District Attorney, for plaintiff.

Vincent M. Casey and Blair V. Pawlowski, for defendant.

Before Griffith, P.J., and McDonald, J.

GRIFFITH, P.J., October 6, 1962.

This is an action of quo warranto brought in the name of the Commonwealth on the relation of the district attorney seeking to oust defendant from his office of county commissioner of Cambria County. After complaint, answer, new matter and reply to new matter, plaintiff moved for judgment on the pleadings in accordance with Pa. R.C.P. 1034.

There is no dispute but that the pleadings show: That defendant was elected to a four...

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