STATE BD. of ED. v. S. MIDDLETON TWP. SCH. D.


430 Pa. 457 (1968)

State Board of Education v. South Middleton Township School District, Appellant.

Supreme Court of Pennsylvania.

July 1, 1968.


Attorney(s) appearing for the Case

Heath L. Allen, with him Metzger, Hafer, Keefer, Thomas and Wood, for appellant.

Warren G. Morgan, Assistant Attorney General, with him John P. McCord, Deputy Attorney General, Edward Friedman, Counsel General, and William C. Sennett, Attorney General, for State Board of Education, appellee.

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


OPINION BY MR. JUSTICE ROBERTS, July 1, 1968:

We are again confronted with an issue once resolved by Esbenshade v. Department of Public Instruction, 181 Pa.Super. 232, 124 A.2d 478, aff'd on opinion of court below, 387 Pa. 281, 127 A.2d 678 (1956), i.e., whether the action of the State Board of Education in granting or refusing to grant an application for the change of boundary lines...

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