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KREMER ET AL. v. BARBIERI ET AL.

No. 1019 C.D. 1979.

48 Pa.Commw. 557 (1980)

I. Raymond Kremer et al., Petitioners v. Alexander F. Barbieri, Court Administrator of Pennsylvania and Robert E. Casey, State Treasurer of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

January 18, 1980.

Attorney(s) appearing for the Case

Marvin Comisky, with him Lawrence J. Beaser, Larry Haft and Robert C. Daniels, for petitioners.

Kathleen M. Quinn, for Alexander F. Barbieri, respondent.

Jonathan Vipond, III, with him Vincent X. Yakowicz, Deputy Counsel, Louis G.F. Retacco, Chief Counsel, for Robert E. Casey, respondent.

William E. Woodside, for House of Representatives.

James H. Cawley, for Senate.

Gilbert Nurick, with him Francis B. Haas, Jr., William M. Young, of McNees, Wallace and Nurick, for Pennsylvania Bar Association, Amicus Curiae.

Stephen M. Feldman, with him J. Craig Currie, for Philadelphia Bar Association, Amicus Curiae.

Argued November 14, 1979 before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges MENCER and DiSALLE did not participate.

PER CURIAM, January 18, 1980:

For reasons which may well be obvious, we would have much preferred that this case be decided elsewhere.

It is true that the petitioning judges and the petitioning association to which they belong, as well as all of the judges in whose behalf the petition is filed, are trial court and not appellate court judges. Nevertheless, our own position as appellate court judges may well appear to entail a conflict of interest. This we regret...

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