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ROSS et al. v. KEITT et al.

Appeal, No. 228 C.D. 1973.

10 Pa.Commw. 375 (1973)

William Ross, et al., Appellants, v. Thomas Keitt, et al., Appellees.

Commonwealth Court of Pennsylvania.

August 7, 1973.

Attorney(s) appearing for the Case

Sheldon L. Albert, Chief Deputy City Solicitor, with him Howard D. Scher, Assistant City Solicitor, and Martin Weinberg, City Solicitor, for appellants.

Stephen F. Gold, with him George Gould, Johnathan M. Stein and Laurence M. Lavin, for appellees.

Argued May 9, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, August 7, 1973:

The sole issue in this appeal is whether the Commonwealth of Pennsylvania is an indispensable party to a class action in equity brought by several students, their parents and guardians and several citizen groups against the Board of Education, City Council and named public officials of the City of Philadelphia. The gravamen of the complaint avers that because of the failure or refusal of defendants to perform statutory...

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