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O'DONNELL ET AL. v. CASEY ET AL.

No. 2807 C.D. 1978.

45 Pa.Commw. 394 (1979)

Thomas P. O'Donnell, Jr. et al., Petitioners v. Robert E. Casey, State Treasurer and Caryl M. Kline, Secretary of Education, Respondents.

Commonwealth Court of Pennsylvania.

September 5, 1979.

Attorney(s) appearing for the Case

Robert T. Panowicz, with him Anthony B. Panaway, for petitioners.

Paul Schilling, Deputy Attorney General, with him Susan J. Forney, Deputy Attorney General, Norman J. Watkins, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued June 5, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, CRAIG and MacPHAIL. Judges BLATT and DiSALLE did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, September 5, 1979:

Invoking our original jurisdiction (42 Pa. C.S. § 761) the Wilkes-Barre Area School District (District) joined by parents and taxpayers residing in that District with children attending District schools, by petition for review in the nature of a complaint in equity seek to enjoin the State Treasurer and the Secretary of Education from disbursing funds...

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