ZEMPRELLI v. THORNBURGH.

No. 973 C.D. 1979.

55 Pa.Commw. 330 (1980)

Edward P. Zemprelli, State Senator, Petitioner v. Richard L. Thornburgh, Governor, Respondent.

Commonwealth Court of Pennsylvania.

December 16, 1980.


Attorney(s) appearing for the Case

Michael T. McCarthy, Chief Counsel to the Majority Caucus, with him Ronald W. Andidora, Assistant Counsel to the Majority Caucus, for petitioner.

David H. Allshouse, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Chief, Civil Litigation, and Harvey Bartle, III, Acting Attorney General, for respondent.

Argued September 10, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR. Judge ROGERS did not participate.


OPINION BY JUDGE CRAIG, December 16, 1980:

In our previous opinion in this case, Zemprelli v. Thornburgh, 47 Pa.Commw. 43, 407 A.2d 102 (1979) (Zemprelli I) we decided the preliminary objections which respondent, the Governor of the Commonwealth of Pennsylvania, had interposed against this action in which petitioner, as a member of the Senate of Pennsylvania, seeks enforcement of Section 8(b) of Article IV of...

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