RHOADES v. ABINGTON TWP. SCH. DIST.


424 Pa. 202 (1967)

Rhoades v. Abington Township School District. Worrell v. Matters.

Supreme Court of Pennsylvania.

January 17, 1967.


Attorney(s) appearing for the Case

Victor J. Roberts, with him Walton Coates, and High, Swartz, Roberts & Seidel, for plaintiffs, Brenard G. Rhoades and others.

William P. Thorn, with him Leo Pfeffer, specially admitted for argument, and Thorn, McConemy & Ohrenstein, and Richard, Brian & Disanti, for plaintiff, Betty J. Worrell.

Percival R. Rieder, for defendant, Abington Township School District.

George W. Thompson, for defendant, George W. Matters.

D. Barry Gibbons, and Reed and Gibbons, for intervening defendants, Paul A. Grubb and others.

Walter E. Alessandroni, Attorney General, with him Edward Friedman, John P. McCord and David S. Dickey, Deputy Attorneys General, for Commonwealth, intervenor.

William B. Ball, for intervenors, Thomas J. Paul and others.

David Berger, Harold Greenberg, Edward B. Soken, and Cohen, Shapiro, Berger & Cohen, for School District of Philadelphia, intervenor.

Walter W. Rabin, W. Joseph Harrison, III, Raymond Jenkins and Norman R. Bradley, for intervenors, Robert S. Eininger and others.

John D. Killian, for Friends of the Public Schools and Pennsylvania Council of Churches, amici curiae.

William D. Valente and Paul W. Bruton, for Pennsylvania Federation, Citizens for Educational Freedom, amicus curiae.

Gilbert Yaros, for Pennsylvania Chapter of the National Jewish Commission on Law and Public Affairs, amicus curiae.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE MUSMANNO, January 17, 1967:

The Act of June 15, 1965,1 amending § 1361 of the Public School Code of 1949,2 provides, inter alia: "When provision is made by a board of school directors for the transportation of resident pupils to and from the public schools, the board of school directors shall also make provision for the free transportation...

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