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BARBIERI v. SHAPP

476 Pa. 513 (1978)

383 A.2d 218

Alexander F. BARBIERI, Individually and Acting in his Official Capacity as the Court Administrator of Pennsylvania, Petitioner-Appellant, v. Milton J. SHAPP, Governor of the Commonwealth of Pennsylvania, C. Delores Tucker, Secretary of the Commonwealth of Pennsylvania, and Louis C. Mete, Commissioner of the Bureau of Elections, Commissions and Legislation for the Commonwealth of Pennsylvania, Respondents-Appellees.

Supreme Court of Pennsylvania.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Jonathan Vipond, III, Eve L. Cutler, Philadelphia, for petitioner-appellant.

Melvin R. Shuster, Deputy Atty. Gen., Vincent X. Yakowicz, Sol. Gen., Harrisburg, for respondents-appellees.

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

OPINION OF THE COURT

ROBERTS, Judge.

Four common pleas judges reached mandatory retirement age in the summer and fall of 1977. Pa.Const. art. V, § 16(b). Appellees, the Governor, the Secretary of the Commonwealth, and the Commissioner of the Bureau of Elections, Commissions, and Legislation, did not list these judgeships for election at the November, 1977, municipal elections. The Election Code requires that all positions to be filled at the municipal...

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