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COM., DEPT. OF ED. v. FIRST SCHOOL

471 Pa. 471 (1977)

370 A.2d 702

COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Appellant, v. The FIRST SCHOOL.

Supreme Court of Pennsylvania.

Decided February 28, 1977.

Attorney(s) appearing for the Case

J. Justin Blewitt, Jr., Deputy Atty. Gen., Harrisburg, for appellant.

William B. Ball, Harrisburg, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX, and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal1 from a decision of the Commonwealth Court which held that the Nonpublic Elementary and Secondary Education Act ("Act 109")2 is constitutional and enforceable as applied to nonsectarian nonpublic schools.3 Appellant, the Commonwealth Department of Education ("Department"), contends that Act 109 was declared unconstitutional...

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