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PETITION OF BERG

712 A.2d 340 (1998)

In the Matter of Nomination Petition of Phil BERG, Democratic Candidate for the Office of Governor. Appeal of Louis B. KOZLOFF, Petitioner.

Commonwealth Court of Pennsylvania.

Decided April 7, 1998.

Publication Ordered April 21, 1998.

Attorney(s) appearing for the Case

John J. Connelly, Jr., Harrisburg, for petitioner.

Samuel C. Stretton, West Chester, for respondent.

DOYLE, Judge.

Before this Court is the petition to set aside the nomination petition of Phil Berg as a candidate, in the primary election of the Democratic Party, for the office of Governor. Additionally before the Court is Berg's motion to dismiss the petition to set aside based on a challenge to Section 912.1(3) of the Election Code,1 on constitutional grounds.

The challenge to Berg's nomination petition alleged that, although...

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