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FIRING v. KEPHART

466 Pa. 560 (1976)

353 A.2d 833

Herbert L. FIRING, Appellant, v. Hon. A. Evans KEPHART, Court Administrator, and Hon. Grace M. Sloan, Treasurer of the Commonwealth of Pennsylvania, Appellees.

Supreme Court of Pennsylvania.

Decided March 17, 1976.

Attorney(s) appearing for the Case

Santangelo, Lewis & Mescolotto, Lee D. Mescolotto, Pottstown, for appellant.

Jeffrey G. Cokin, Deputy Atty. Gen., for appellee, Hon. Grace M. Sloan.

William E. Zeiter, Jonathan Vipond, III, Philadelphia, for appellee, Court Administrator.

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

OPINION OF THE COURT

EAGEN, Justice.

In November, 1969, Herbert L. Firing, plaintiff-appellant in this action, was reelected District Justice of the Peace for Magisterial District 38-2-01, and in January, 1970, he began to serve his new term. His seventieth birthday occurring on September 29, 1973, however, he was mandatorily retired, as required by Article V, Section 16(b) of the Pennsylvania Constitution. He subsequently...

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