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BLACKWELL ET. AL. v. PA. ST. ETHICS COMM.

No. 2222 C.D. 1988.

125 Pa.Commw. 42 (1989)

556 A.2d 988

Honorable Lucien Blackwell, Member City Council of Philadelphia, Honorable David Cohen, Member City Council of Philadelphia, Honorable Francis Rafferty, Member City Council of Philadelphia, Petitioners v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent.

Commonwealth Court of Pennsylvania.

April 7, 1989.

Attorney(s) appearing for the Case

Charles W. Bowser, with him, James P. Cousounis, Baskin, Flaherty, Elliott & Mannino, P.C., for petitioners.

Vincent J. Dopko, for respondent.

Jules S. Henshell, Deputy Attorney General, with him, John G. Knorr, III, Chief Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for intervenor, Office of Attorney General.

John E. McKeever, for Amicus Curiae, Committee of Seventy.

Argued December 14, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, BARRY, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 7, 1989:

The State Ethics Commission1 (Commission) has filed preliminary objections to a petition for review in which petitioners, three Philadelphia City Councilmen, ask this Court to enjoin the Commission's investigation of the petitioners, and to declare the investigation unlawful and unconstitutional.

In support of its preliminary objections, the Commission contends that (1) petitioners...

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