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COM. ex rel. SPECTER v. D'ORTONA

423 Pa. 22 (1966)

Commonwealth ex rel. Specter, Appellant, v. D'Ortona.

Supreme Court of Pennsylvania.

October 11, 1966.

Attorney(s) appearing for the Case

Edward R. Becker, with him L. Carter Anderson, Ellis A. Horwitz, Herbert W. Salus, Jr., William A. Meehan, and Becker & Becker, for appellants.

Levy Anderson, First Deputy City Solicitor, with him Jerome R. Richter, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, October 11, 1966:

Emanuel Weinberg, a Councilman representing the First Councilmanic District of Philadelphia, died July 20, 1966, leaving a vacancy in that office.

The District Attorney of Philadelphia and several residents and voters of the aforesaid First Councilmanic District, brought an action of mandamus to compel the President of City Council to order an election to fill the...

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