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McDEVITT ET AL. APPEAL.

No. 1892 C.D. 1985.

92 Pa.Commw. 138 (1985)

In Regard to the Republican Primary Election for Mayor in the Borough of Marietta, Lancaster County, Pennsylvania. Bernard R. McDevitt, et al., Appellants.

Commonwealth Court of Pennsylvania.

October 2, 1985.

Attorney(s) appearing for the Case

David E. Greer, Herr & Greer, for appellant, Bernard R. McDevitt.

Thomas L. Goodman, for appellee, Lancaster County Board of Elections.

William C. Crosswell, Morgan, Hallgren, Crosswell & Kane, P. C., for appellee, Oliver C. Overlander, II.

Argued September 9, 1985, before Judges ROGERS and MacPHAIL, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, October 2, 1985:

Before us is an appeal of a decision and order of the Court of Common Pleas of Lancaster County which dismissed the petition of Bernard R. McDevitt1 (Petitioner) in regard to the Republican Primary Election for Mayor of the Borough of Marietta, Lancaster County, Pennsylvania.

Petitioner alleges that an improperly registered individual, Timothy P. Sadler, erroneously was not allowed to...

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