SPRAGUE v. CASEY


520 Pa. 38 (1988)

550 A.2d 184

Richard A. SPRAGUE, in his capacities as attorney at law in the Commonwealth of Pennsylvania, taxpayer in the Commonwealth of Pennsylvania, and citizen of and duly registered voter in the Commonwealth of Pennsylvania, Petitioner, v. Robert P. CASEY, in his official capacity as Governor of the Commonwealth of Pennsylvania, James J. Haggerty, in his official capacity as Secretary of the Commonwealth of Pennsylvania, William Boehm, in his official capacity as Commissioner of the Bureau of Legislation, Commissions and Elections, Allen Ertel, in his capacity as Democratic Party nominee for the office of Justice of Supreme Court of Pennsylvania, Anita B. Brody, in her capacity as Republican Party nominee for the office of Justice of the Supreme Court of Pennsylvania, Walter M. Cohen, in his capacity as Republican Party nominee for the office of Judge of the Superior Court of Pennsylvania, and Catherine Ford-Elliot, in her capacity as Democratic Party nominee for the office of Judge of the Superior Court of Pennsylvania, Respondents.

Supreme Court of Pennsylvania.

Decided October 25, 1988.


Attorney(s) appearing for the Case

Richard A. Sprague, Geoffrey R. Johnson, Philip I. Weinberg, Philadelphia, for petitioner.

Edward W. Mullinix, James D. Crawford, Schnader, Harrison, Segal & Lewis, Philadelphia, for Anita B. Brody.

Thomas A. Leonard, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, for Allen Ertel.

Neil T. O'Donnell, Philadelphia, for Catherine Ford-Elliot.

Morey M. Myers, Gen. Counsel, Richard D. Spiegelman, Chief Deputy Gen. Counsel, Harrisburg, for Agency Liaison.

Andrew H. Cline, Deputy Gen. Counsel, Harrisburg, for Robert P. Casey, James J. Haggerty and William Boehm.

David Richman, Pepper, Hamilton & Scheetz, Philadelphia, for Walter M. Cohen.

E. Barclay Cale, Jr., Thomas B. Kenworthy, Andrew D. Leipold, Morgan, Lewis & Bockius, Philadelphia, amici curiae for Republican State Committee of Pennsylvania.

Karen M. Balaban, Harrisburg, for Pennsylvania Democratic State Committee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.


OPINION

NIX, Chief Justice.

This lawsuit was instituted by Petitioner, Richard A. Sprague, who filed a Complaint for Declaratory and Injunctive Relief in the Commonwealth Court challenging the placing on the ballot in the November 1988 general election one seat on the Supreme Court and one seat on the Superior Court. Named as respondents in the action were Robert P. Casey, in his official capacity as Governor of the Commonwealth of Pennsylvania; James J...

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