COMTH., ET AL., PLTFS. v. LEECHBURG A.S.B.

No. 77 C.D. 1975.

19 Pa.Commw. 140 (1975)

Commonwealth ex rel. John C. Pittenger, Secretary of Education and Robert P. Kane, Attorney General, Plaintiffs, v. Leechburg Area School Board, Defendant, and Pennsylvania State Education Association and Leechburg Education Association, Additional Defendants.

Commonwealth Court of Pennsylvania.

May 19, 1975.


Attorney(s) appearing for the Case

William J. Atkinson, Deputy Attorney General, with him Vincent X. Yakowicz, Solicitor General, and Robert P. Kane, Attorney General, for plaintiffs.

Donetta W. Ambrose, with her J. Raymond Ambrose, Jr., and Ambrose & Ambrose, for defendant.

Argued May 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, May 19, 1975:

The State's Secretary of Education and its Attorney General have sued the Leechburg Area School Board in mandamus seeking an order requiring the defendant to modify its calendar for the 1974-1975 school year by adding four days of instruction lost in September 1974 as the result of a lawful teachers' strike. The defendant has filed an answer and new matter and the plaintiffs a reply to new matter. The case is before us on the...

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