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McCABE v. LEHRER

497 Pa. 218 (1981)

439 A.2d 1147

Joseph Patrick McCABE, et al., Petitioners at 421 Misc. Dkt. 1981, v. Samuel M. LEHRER, et al., Appellants at 453.

Supreme Court of Pennsylvania.

September 21, 1981.

Attorney(s) appearing for the Case

Julia B. Passyn, Philadelphia, for appellants at Nos. 81-3-461 through 81-3-467, petitioners at No. 421 E.D. Misc. Dkt. and Appellees at No. 81-3-453.

Gregory M. Harvey, Philadelphia, for Edward Rendell and Thomas Leonard.

Mark A. Aronchick, First Deputy City Sol., for City Comm. of Philadelphia and City of Philadelphia.

Isadore A. Shrager, Philadelphia, for Democratic City Executive Com.

Morris M. Shuster, Philadelphia, for amicus curiae Pa. Bar Assn.

David Glancey, Chairman, Philadelphia, for County Democratic Com.

Eugene Maier, Chairman, Philadelphia, for Bd. of Elections.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION OF THE COURT

PER CURIAM:

This matter is a challenge to the validity of the Democratic Primary Election for the Office of Judge of the Court of Common Pleas of Philadelphia held on May 19, 1981. At voting machines placed in 24 out of 66 of the City's voting wards, the name of Thomas J. McCormack, one of thirty candidates for one of eleven Democratic nominations, was inadvertently transposed with the name of Peter Paul Olszewski, a candidate for the...

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