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ESHELMAN v. COMRS. OF THE CO. OF BERKS ET AL.

No. 184 C.D. 1980.

62 Pa.Commw. 310 (1981)

The Honorable W. Richard Eshelman, individually and on behalf of the Judges of the Court of Common Pleas of Berks County, 23rd Judicial District, Petitioner v. Commissioners of the County of Berks, et al., Respondents.

Commonwealth Court of Pennsylvania.

November 6, 1981.

Attorney(s) appearing for the Case

David H. Roland, Balmer, Mogel, Speidel & Roland, for petitioner.

Alaine S. Williams, with her Jonathan K. Walters and Richard Kirschner, Kirschner, Walters & Willig, and Sandra S. Christianson, Assistant Attorney General, for respondents.

Alexander Unkovic, with him Joseph A. Vater, Jr., Meyer, Unkovic & Scott, Amicus Curiae Counsel for The Pennsylvania Conference of State Trial Judges.

Argued June 2, 1981, before President Judge CRUMLISH and Judges MENCER, BLATT, WILLIAMS, JR. and CRAIG.

OPINION BY JUDGE WILLIAMS, JR., November 6, 1981:

The Honorable W. RICHARD ESHELMAN, president judge of the Court of Common Pleas of Berks County,1 has filed a petition for review directed alternatively to our original jurisdiction under Section 761 (a)(2) of the Judicial Code and our appellate jurisdiction under Section 763(b).2 Since we conclude that the petitioner's action is cognizable under Section 761...

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