FINE ET AL. v. DEPT. OF EDUCATION ET AL.

No. 1107 C.D. 1978.

41 Pa.Commw. 283 (1979)

Concerned Citizens for the Improvement of Our Schools, by Daniel Fine and Andrew Tymoczko, Trustees ad Litem: Daniel Fine and Andrew Tymoczko, Plaintiffs v. Commonwealth of Pennsylvania, Department of Education and Honorable Caryl M. Kline, Secretary of Education, Defendants.

Commonwealth Court of Pennsylvania.

March 15, 1979.


Attorney(s) appearing for the Case

Jon Hogue, with him Thomas M. Kerr, Joseph L. Cosetti, and Kaufman & Harris, for plaintiffs.

Susan J. Forney, Deputy Attorney General, for defendants.

Argued February 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and CRAIG. Judges MENCER and MacPHAIL did not participate.


OPINION BY JUDGE ROGERS, March 15, 1979:

The plaintiffs in this action sounding in mandamus and equity in our original jurisdiction have sued the Department of Education and the Secretary of Education asking us to enjoin both defendants from making a statutory subsidy payment to the New Kensington-Arnold School District and to order the defendant Secretary of Education to promulgate regulations concerning the proper use of the subsidy payment referred to and to make...

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