BARBIERI v. THORNBURGH ET AL.

No. 394 C.D. 1979.

42 Pa.Commw. 1 (1979)

Alexander F. Barbieri, Court Administrator of Pennsylvania, Petitioner v. Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania; Ethel D. Allen, Secretary of the Commonwealth of Pennsylvania; Louis C. Mete, Commissioner of the Bureau of Elections, Commissions and Legislations for the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

April 12, 1979.


Attorney(s) appearing for the Case

Jonathan Vipond, III, with him Kathleen M. Quinn, for petitioner.

Robert E. Kelly, Deputy Attorney General, for defendant.

Argued March 20, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judges DiSALLE, CRAIG and MacPHAIL did not participate.


OPINION BY PRESIDENT JUDGE BOWMAN, April 12, 1979:

By a petition for declaratory judgment filed February 22, 1979, which we regard and act upon as a petition for review in the nature of declaratory judgment, Pa. R.A.P. 1501, 1503, the Court Administrator of Pennsylvania asserts that a question has been raised as to when vacancies which will occur at the end of the elective terms of office of Chief Justice MICHAEL J. EAGEN and Associate Justice HENRY X. O'BRIEN are...

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