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FRAME v. SUTHERLAND

459 Pa. 177 (1974)

327 A.2d 623

Richard C. FRAME et al., Plaintiffs, v. Robert E. SUTHERLAND, Defendant. Richard C. FRAME et al., Plaintiffs, v. Peter ELISH, Defendant. Richard C. FRAME et al., Plaintiffs, v. Grace Shirley HATCH, Defendant. Richard C. FRAME et al., Plaintiffs, v. Egidio CERELLI, Defendant.

Supreme Court of Pennsylvania.

Decided October 25, 1974.

Rehearing Denied November 21, 1974.

Attorney(s) appearing for the Case

William E. Woodside, Edward Friedman, Harrisburg, for petitioners.

Israel Packel, Atty. Gen., Dept. of Justice, Lawrence J. Beaser, Counsel to the Governor, Harrisburg, for respondents.

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

OPINION

ROBERTS, Justice.

We are presented with challenges to the validity of certain appointments made by the Governor without the consent of the Senate. We hold that, because the appointments were not made "during the recess of the Senate," they are invalid.

At 2:30 p.m. on December 31, 1973, the Pennsylvania Senate voted to adjourn its 1973 session. The adjournment resolution, adopted by a vote of 24-22, purported to adjourn the Senate sine die...

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