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DiGIACINTO v. CITY OF ALLENTOWN

486 Pa. 436 (1979)

406 A.2d 520

R. Henry DiGIACINTO, Appellant, v. CITY OF ALLENTOWN, Pennsylvania, and Alton W. Frey, Jr., Appellees.

Supreme Court of Pennsylvania.

Decided October 1, 1979.

Attorney(s) appearing for the Case

James C. Lanshe, Jr., Allentown, for appellant.

Daniel K. McCarthy, Asst. City Sol., William C. Wickkiser, Allentown, for appellees.

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

OPINION

MANDERINO, Justice.

The question in this appeal is whether the appellant, R. Henry DiGiacinto, is entitled to be certified as an elected member of the City Council of the City of Allentown.

The underlying facts are not in dispute. On September 30, 1978, a vacancy was created on the Allentown City Council when one of its members resigned. Two weeks later, on October 16, 1978, the remaining six members of the seven member council convened to...

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