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STROUP et al. v. McNAIR

Original jurisdiction, No. 37 C.D. 1972.

5 Pa.Commw. 244 (1972)

Stroup, et al. v. McNair.

Commonwealth Court of Pennsylvania.

April 27, 1972.

Attorney(s) appearing for the Case

Bruce E. Cooper, with him Cooper, Friedman & Friedman, for plaintiffs.

Harold E. Kohn, Special Attorney, with him Barry A. Roth, Deputy Attorney General, Lawrence J. Beaser, Assistant Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendant.

Argued March 8, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge BLATT disqualified herself and did not participate.

OPINION BY JUDGE WILKINSON, April 27, 1972:

This is an action in Quo Warranto brought by three members of the Senate of the Commonwealth of Pennsylvania to test the right of defendant to serve as a Member of the State Tax Equalization Board of Pennsylvania. The case is before us on Complaint filed and Preliminary Objections.1

The first ground for preliminary objection is that the Plaintiffs do not have standing to bring Quo Warranto...

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