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FLINCHBAUGH v. CORNWALL-LEB. SCH. AUTH.

438 Pa. 407 (1970)

Flinchbaugh et vir, Appellants, v. Cornwall-Lebanon Suburban Joint School Authority.

Supreme Court of Pennsylvania.

May 4, 1970.

Attorney(s) appearing for the Case

James R. Koller, with him Siegrist, Koller & Siegrist, for appellants.

Bernerd A. Buzgon, with him Davis, Katz, Buzgon & Davis, for appellees.

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, May 4, 1970:

Order affirmed.

Mr. Chief Justice BELL took no part in the consideration or decision of this case.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

I must respectfully dissent from the majority's decision for two reasons: (1) the plaintiff was injured when the school district was performing a proprietary function, and therefore the school district is not immune from liability...

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