DiNUBILE v. KENT


466 Pa. 572 (1976)

353 A.2d 839

The Honorable Victor J. DiNUBILE and the Honorable Kendall H. Shoyer v. Robert F. KENT et al. Appeal of the Honorable Kendall H. SHOYER.

Supreme Court of Pennsylvania.

Decided March 17, 1976.


Attorney(s) appearing for the Case

Blank, Rome, Klaus & Comisky, Marvin Comisky, Alan C. Gershenson, Philadelphia, for appellant.

Gerald Gornish, Deputy Atty. Gen., for appellees, Grace Sloan and State Employees' Retirement Bd.

William E. Zeiter, Jonathan Vipond, III, Philadelphia, for appellee, Robert F. Kent.

S. Regen Ginsburg, Philadelphia, for amicus curiae, Phila. Bar Assn.

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


OPINION OF THE COURT

ROBERTS, Justice.

Appellant Kendall H. Shoyer1 was reelected judge of the Court of Common Pleas of Philadelphia on November 6, 1973, and began his new term on January 7, 1974. He reached the age of seventy on November 24, 1974, and was retired as required by article V, section 16(b) of the Pennsylvania Constitution. Appellant sought a declaratory judgment in the Commonwealth Court claiming that he was entitled...

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