ROOT v. NORTHERN CAMBRIA SCHOOL DIST.

Appeals, Nos. 1208 C.D. and 1309 C.D. 1972.

10 Pa.Commw. 174 (1973)

Benjamin H. Root, Appellant, v. Northern Cambria School District, a Quasi-Municipal Corporation, Appellee.

Commonwealth Court of Pennsylvania.

August 28, 1973.


Attorney(s) appearing for the Case

Randall C. Rodkey, with him Green, Abood, Rodkey & Eckel, for appellant.

Vasil Fisanick, for appellee.

William Fearen, with him Cleckner and Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued June 4, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, August 28, 1973:

Benjamin Root, who describes himself as a resident, property owner and taxpayer of the Northern Cambria School District, appeals from orders of the Court of Common Pleas of Cambria County dismissing, after trial, two complaints in equity by which he sought decrees which would require the Northern Cambria School Board to keep its several schools open for instruction commencing on December 22, 1972 and on each and every weekday...

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