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ATTORNEY GEN. v. A.A. CTY. SCHOOL BUS

[No. 12, September Term, 1978.]

286 Md. 324 (1979)

407 A.2d 749

ATTORNEY GENERAL OF THE STATE OF MARYLAND v. ANNE ARUNDEL COUNTY SCHOOL BUS CONTRACTORS ASSOCIATION, INC. ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed December 10, 1979.

Denied December 20, 1979.

Attorney(s) appearing for the Case

Charles O. Monk, II, Assistant Attorney General, with whom were George A. Nilson, Deputy Attorney General, Thomas M. Wilson, III and Michael F. Brockmeyer, Assistant Attorneys General on the brief, and Naomi F. Samet, Assistant Attorney General on supplemental brief, for appellant.

James J. Doyle, Jr., with whom were Mary R. Craig and Mareen L. Duvall, Jr., on the brief, and S. Ann Brobst and Sherbow, Shea & Doyle on supplemental brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH and COLE, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.

DAVIDSON, J., delivered the opinion of the Court. SMITH and ELDRIDGE, JJ., dissent. SMITH, J., filed a dissenting opinion at page 330 infra, in which ELDRIDGE, J., concurs.

Maryland Code (1978), § 5-201(c)(13) of the Education Article provides that the State shall pay for "the necessary costs of transporting students ... to public schools."1 The State reimburses the counties for their costs according to a formula. 2 Md. Register...

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