COM. EX REL. TOOLE v. YANOSHAK


464 Pa. 239 (1975)

346 A.2d 304

COMMONWEALTH ex rel. Patrick J. TOOLE, Jr., District Attorney of Luzerne County, Joseph S. Tirpak, Intervenor, Appellant, v. Stephen YANOSHAK, Appellee.

Supreme Court of Pennsylvania.

Decided October 3, 1975.


Attorney(s) appearing for the Case

Chester B. Muroski, Charles P. Gelso, Thomas J. Glenn, Jr., Malcolm M. Limongelli, Wilkes-Barre, for appellant-intervenor.

Stephen Yanoshak, Gilford Cappellini, Herman E. Cardoni, Sr., Wilkes-Barre, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

MANDERINO, Justice.

This appeal challenges the validity of Section 602(b) of the County Code, Act of August 9, 1955, P.L. 323, § 602(b), 16 P.S. § 602(b). Appellant, Joseph Tirpak, contends that section is an unconstitutional infringement of his First Amendment rights.

Appellant was elected to the office of controller of Luzerne County for a term of four years commencing in January, 1974. From February, 1968, until...

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