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CIAFFONI v. SUPREME COURT OF PENNSYLVANIA

Civ. A. No. 82-0779.

550 F.Supp. 1246 (1982)

Concetta CIAFFONI and Robert J. Ciaffoni, Plaintiffs, v. SUPREME COURT OF PENNSYLVANIA, an agency of the Commonwealth of Pennsylvania and Honorable Henry X. O'Brien, The Honorable Samuel J. Roberts, Honorable Robert Nix, Jr., Honorable Rolf Larsen, Honorable John P. Flaherty, Jr., Honorable William D. Hutchison, Honorable James T. McDermott, individually and in their capacities as Justices of the Supreme Court of Pennsylvania; Honorable Michael Eagen, Honorable Bruce Kauffman, individually and in their former capacities as Justices of the Supreme Court of Pennsylvania; Honorable Alexander Barbieri, individually and as Court Administrator of Pennsylvania, and The Judicial Inquiry & Review Board, an agency of the Supreme Court of Pennsylvania, et al., Defendants.

United States District Court, D. Pennsylvania.

November 15, 1982.

Attorney(s) appearing for the Case

Peter M. Suwak, Washington, Pa., for plaintiffs.

Howland W. Abramson, Philadelphia, Pa., Milton D. Rosenberg, Harold R. Schmidt, Washington, Pa., Edward C. Schmidt, Pittsburgh, Pa., Robert L. Ceisler, Michael Minkin, Philadelphia, Pa., for defendants.

OPINION

ZIEGLER, District Judge.

Presently before the court are the Rule 12(b) motions of defendants to dismiss the original and amended complaints for want of justiciability, standing, ripeness and mootness. We hold that the complaints of plaintiffs fail to state a case or controversy as required by Article III and therefore the motions of defendants to dismiss must be granted.1 We also hold that assuming the subsequent developments...

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