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STATE BD. OF ED. v. FRANKLIN TWP. SCH. D.

209 Pa.Super. 410 (1967)

State Board of Education, Appellant, v. Franklin Township School District.

Superior Court of Pennsylvania.

March 23, 1967.

Attorney(s) appearing for the Case

Warren G. Morgan, Assistant Attorney General, with him John P. McCord, Deputy Attorney General, and Edward Friedman, Attorney General, for State Board of Education, appellant.

Robert Rhodes Rice, with him McNees, Wallace & Nurick, for appellee.

Peter J. Nolan, Solicitor, for interested parties under Rule 48 of the Superior Court.

William W. Knox, Conrad Pearson, Irving O. Murphy, Daniel L.R. Miller, and Knox, Pearson & McLaughlin, and MacDonald, Illig, Jones & Britton, and McClure & Miller, for amici curiae.

N.K. Parker, Jr., John U. Anderson, Jr., Harry Woodruff Turner, J. Richard Lauver, Spencer G. Hall, and Kirkpatrick, Pomeroy, Lockhart & Johnson, and Nauman, Smith, Shissler & Hall, for amicus curiae.

Paul D. Shafer, Jr., Wayne S. Luce, E.Y. Calvin, John H. Bozic, Jr., and Herbert E. Varnum, for amicus curiae.

Before ERVIN, P.J., WRIGHT, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (WATKINS, J., absent).

OPINION BY ERVIN, P.J., March 23, 1967:

We have for consideration the narrow question as to whether, under the provisions of the School Reorganization Act of 1963 (Act of August 8, 1963, P.L. 564, 24 PS § 2-290 et seq.), the State Board of Education has the power, in an appeal by a school district that considers itself aggrieved thereby, to review a plan of organization of administrative units prepared by a county board of school directors and approved by the...

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