CREAMER v. 12 COMMON PLEAS JUDGES et al.


443 Pa. 484 (1971)

Creamer v. Twelve Common Pleas Judges et al. Tate v. Jamieson et al. O'Donnell v. Pitt, Jr.

Supreme Court of Pennsylvania.

June 24, 1971.


Attorney(s) appearing for the Case

Israel Packel, Counsel to Governor, for petitioner, Honorable J. Shane Creamer, Attorney General.

Levy Anderson, City Solicitor, with him Matthew W. Bullock, Jr., First Deputy City Solicitor, and John Mattioni, Deputy City Solicitor, for petitioner, Honorable James H.J. Tate, Mayor of City of Philadelphia.

William J.C. O'Donnell, petitioner, in propria persona.

Edward Friedman, with him Dechert, Price & Rhoads, for respondents, Honorable Alexander F. Barbieri, Honorable Theodore O. Rogers, Honorable Warren G. Morgan, Honorable John C. Dowling, Honorable Thomas D. Gladden and Honorable Louis D. Stefan.

Edward Friedman and I. Raymond Kremer, for respondents, Honorable John E. Walsh, Jr., and Honorable Herbert W. Salus, Jr.

Edward Friedman, with him Victor S. Jaczun, for respondent, Honorable Robert M. Mountenay.

Edward Friedman, with him Guy G. deFuria, for respondents, Honorable Domenic D. Jerome and Honorable Robert A. Wright.

Edward Friedman, with him Charles L. Casper, for respondent, Honorable Robert H. Aston.

James E. Beasley, for respondent, Honorable Paul J. Cody.

William H. Lamb, with him Susan P. Windle, and Lamb, Windle & McErlane, for respondent, Honorable Thomas A. Pitts, Jr.

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


ORDER PER CURIAM, June 24, 1971:

The Court has unanimously determined that the gubernatorial appointments to judicial vacancies of Justice BARBIERI, Judge ROGERS, Judge SALUS, Judge STEFAN, Judge JEROME, Judge WRIGHT, Judge CODY and Judge GLADDEN were valid.

The Court being equally divided in its determination of the validity of the gubernatorial appointments of Judge MORGAN, Judge MOUNTENAY, Judge PITT, Judge DOWLING, Judge ASTON and Judge WALSH, the unexpected...

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