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KOYNOK ET AL. v. DEPT. OF EDUCATION

No. 690 C.D. 1973.

11 Pa.Commw. 556 (1974)

George L. Koynok and Mary C. Koynok, t/d/b/a Glenmore Academy, Plaintiffs, v. Commonwealth of Pennsylvania, Office for Aid to Nonpublic Education, Department of Education, and Vincent J. McCoola, Director, Defendants.

Commonwealth Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

George L. Koynok, plaintiff, for himself.

Edward A. Miller, Assistant Attorney General, for defendants.

Argued December 4, 1973, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE MENCER, January 24, 1974:

George and Mary Koynok have filed a complaint in mandamus to compel the Commonwealth of Pennsylvania, Department of Education (Department), to pay various sums under one contract and to enter into other contracts pursuant to the Nonpublic Elementary and Secondary Education Act, Act of June 19, 1968, P.L. 232, 24 P.S. § 5601 et seq.

This act, which has subsequently been held to be unconstitutional, insofar as...

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