Opinion
September 30, 1971.
October 13, 1971.
Before JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 27, May T., 1972, from order of Commonwealth Court, No. 690 C. D. of 1971, in case of Gerald A. New v. C. DeLores Tucker, Secretary of the Commonwealth, Executive State Committee of The Constitutional Party and Alexander F. Barbieri. Order affirmed.
Equity. Before KRAMER, J.
Order entered enjoining Secretary of the Commonwealth from certifying Alexander F. Barbieri to county board of elections as candidate of Constitutional Party for office of Justice of the Supreme Court of Pennsylvania; upon rehearing order vacated, and objections to substitute nomination certificate dismissed, order per curiam. Plaintiff appealed.
Arthur L. Berger, for appellant.
Israel Packel, Special Assistant Attorney General, Bruce E. Cooper and Edward Friedman, with them Lawrence J. Beaser, Assistant Deputy Attorney General, J. Shane Creamer, Attorney General, and Cooper, Friedman Friedman, for appellees.
The Court being equally divided, the order is affirmed.
Mr. Chief Justice BELL, Mr. Justice POMEROY and Mr. Justice BARBIERI took no part in the consideration or decision of this case.