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IN RE FARNESE

No. 13 EAP 2008.

17 A.3d 357 (2011)

In re Nomination Petition of Lawrence M. FARNESE, Jr., for the Democratic Nomination for Senator in the General Assembly for the First Senatorial District in the Primary of April 22, 2008 Appeal of Keith Olkowski and Theresa A. Paylor.

Supreme Court of Pennsylvania.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Samuel C. Stretton , Law Office of Samuel C. Stretton, West Chester, for Keith Olkowski.

David J. Montgomery , Clifford B. Levine , Pittsburgh, Thorp Reed & Armstrong, LLP, for Lawrence M. Farnese, Jr.

Louis Lawrence Boyle , PA Department of State, for Pennsylvania Department of State.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Chief Justice CASTILLE.

Appellants are unsuccessful objectors to the nomination petition of a candidate for office, who appeal the Commonwealth Court's decision to award costs of litigation to the candidate pursuant to Section 977 of the Election Code ("Section 977" or "cost-allocation provision").1 For the reasons that follow, we reverse.

On February 11, 2008, Lawrence M. Farnese, Jr., ("candidate") filed...

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