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IN RE BENNINGHOFF

No. 41 MAP 2004.

852 A.2d 1182 (2004)

In re Nomination Petition of Kerry BENNINGHOFF, (Republican) Candidate for Representative in the General Assembly from the 171st Legislative District Appeal of Kerry Benninghoff.

Supreme Court of Pennsylvania.

Decided April 7, 2004.

Opinion filed June 24, 2004.

Attorney(s) appearing for the Case

Richard P. Limburg, Esq., Dorothy M. Claeys, Esq., Lawrence J. Tabas, Esq., Philadelphia, for Kerry Benninghoff.

Courtney Lorraine Kishel, Esq., John Joseph Connelly, Jr., Esq., Camp Hill, for Paula A. Smith.

Vincent J. Dopko, Esq., Harrisburg, for State Ethics Commission.

Larry Boyle, Esq., for Bureau of Elections.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

Before us for disposition is the direct appeal of Kerry Benninghoff (Benninghoff) from the Opinion and Order of the Commonwealth Court granting Paula F. Smith's (Smith) petition to set aside Benninghoff's nomination petition for the Office of Representative in the General Assembly from the 171st Legislative District, Centre County, Pennsylvania.1 In granting Smith's petition, the Commonwealth Court...

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