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COM. ex rel. SPECTER v. MARTIN

426 Pa. 102 (1967)

Commonwealth ex rel. Specter v. Martin, Appellant.

Supreme Court of Pennsylvania.

July 3, 1967.

Attorney(s) appearing for the Case

Edward G. Bauer, Jr., City Solicitor, with him Frank J. Pfizenmayer and Jerome R. Richter, Assistant City Solicitors, Matthew W. Bullock, Jr., Second Deputy City Solicitor, and Levy Anderson, First Deputy City Solicitor, for appellant.

Arlen Specter, District Attorney, for appellee.

Peter Hearn, with him Austin M. Lee, for Citizens' Charter Committee, amicus curiae, under Rule 65.

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

OPINION BY MR. JUSTICE JONES, July 3, 1967:

The basic issue which this appeal presents, important in its consequence, is narrow in its scope: do the provisions of Article X, § 10-107(5)1 of the Philadelphia Home Rule Charter2 require that the District Attorney of Philadelphia, by reason of his candidacy for election as Mayor, resign?

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