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SCANLON ET AL. v. MT. UNION A. BD. OF SCH. DIRS.

No. 351 C.D. 1979.

47 Pa.Commw. 409 (1979)

Robert G. Scanlon, Acting Secretary of Education and Edward G. Biester, Jr., Acting Attorney General, Petitioners v. Mount Union Area Board of School Directors, Respondents.

Commonwealth Court of Pennsylvania.

November 28, 1979.

Attorney(s) appearing for the Case

Paul Schilling, Deputy Attorney General, Susan Forney, Deputy Attorney General, Donna Weldon, Assistant Attorney General, Grace D'Alo, Assistant Attorney General, Norman J. Watkins, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for petitioners.

John R. Miller, Jr., with him Miller, Kistler & Campbell, Inc., for respondent.

Argued September 24, 1979, before President Judge BOWMAN.

OPINION BY PRESIDENT JUDGE BOWMAN, November 28, 1979:

Characterizing it as a test case and one which implicitly seeks reconsideration by this Court of its prior decisions, the Secretary of Education and the Attorney General, on February 15, 1979, filed a multi-count petition for review in the nature of mandamus, equity and declaratory judgment against respondent, Mount Union Area Board of School Directors....

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