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HAMILTON v. HENNESSEY

783 A.2d 852 (2001)

J. Hank HAMILTON, Democratic Candidate for State Representative in the 26th Legislative District and John Beemer, Chairman of the Chester County Democratic Party, and Thomas Bosak and Thomas Fulton and Brenda B. Treadwell, Petitioners, v. Tim HENNESSEY and Friends of Tim Hennessey and Carol Hennessey, Treasurer Friends of Tim Hennessey, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 28, 2001.

Attorney(s) appearing for the Case

Samuel C. Stretton, West Chester, for petitioners.

William P. Mahon, West Chester, for respondents.

John P. Krull, Jr., Harrisburg, for intervenor, PA House Republican Caucus.

Before DOYLE, President Judge, COLINS, Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, KELLEY, Judge and LEADBETTER, Judge.

DOYLE, President Judge.

Before the Court is the motion of the Pennsylvania House Republican Caucus, intervenor in this case, to quash various subpoenas issued by Petitioners. The original three-count Complaint filed in this Court's original jurisdiction requested preliminary and permanent injunctive relief. Petitioners allege that several newsletters sent on behalf of Representative Timothy Hennessey are "political advertisements" and, thus, should have been included...

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