CALI v. PHILADELPHIA


406 Pa. 290 (1962)

Cali v. Philadelphia, Appellant. Burns v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

February 13, 1962.


Attorney(s) appearing for the Case

David Berger, City Solicitor, with him Murray H. Shusterman and James L. Stern, Deputy City Solicitors, Levy Anderson, First Deputy City Solicitor, for City of Philadelphia et al., defendants, appellants.

Jerome J. Shestack, with him Ira P. Tiger, Harvey Levin, and Schnader, Harrison, Segal & Lewis, for James B. Burns, appellee.

Louis S. Cali, for Anita Cali, appellee.

Stanley M. Greenberg, with him William A. Meehan, for Wilbur H. Hamilton, chairman of Republican Central Campaign Committee, amicus curiae.

Herbert A. Fogel, for Republican Alliance, amicus curiae.

Thomas D. McBride, with him Raymond J. Bradley, and Herbert S. Levin, for William J. Green, chairman of Democratic County Executive Committee of Philadelphia, amicus curiae.

Edward G. Bauer, Jr., for Harry K. Butcher, amicus curiae.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, February 13, 1962:

These two cases were consolidated and heard and argued as one case and will therefore be disposed of in one Opinion.

The basic question involved is: Can there be an election for Mayor of Philadelphia in 1962?

Richardson Dilworth was elected Mayor of Philadelphia in November, 1959, to serve a four year term from the first Monday of January, 1960 to the first...

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