C. E. P. A., ET AL. v. NOLAN, ET AL.

No. 524 C.D. 1975.

21 Pa.Commw. 566 (1975)

Consumers Education and Protective Association, International, Inc., James Royal and Garland Dempsey, Plaintiffs, v. Thomas M. Nolan, Individually and as Chairman of the Rules and Executive Nominations Committee of the Pennsylvania Senate; Milton J. Shapp, Individually and as Governor of Pennsylvania; Ernest P. Kline, Individually and as President of the Pennsylvania Senate; and James M. Kelly, Individually and as Acting Chairman of the Pennsylvania Public Utility Commission, Defendants.

Commonwealth Court of Pennsylvania.

November 10, 1975.


Attorney(s) appearing for the Case

David A. Scholl, for plaintiffs.

Norma P. D'Apolito, Deputy Attorney General, with her, Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Milton J. Shapp.

Jack Weinrauch, with him, A. Richard Gerber, for defendants, Ernest P. Kline and Thomas M. Nolan.

Barnett Satinsky, Assistant Counsel, with him, Edward J. Morris, Counsel, and Peter W. Brown, Chief Counsel, for defendant, James M. Kelly.

Argued September 9, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, November 10, 1975:

For a period prior to April 15, 1975, Herbert S. Denenberg sat on the Public Utility Commission (PUC) by interim appointment, pursuant to the authority then vested in the Governor by Article IV, Section 8, of the Pennsylvania Constitution. On that date, the Acting Chairman of the PUC affirmatively denied Dr. Denenberg any continued official recognition of his interim role, and his seat on the PUC was thereafter...

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