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

No. 351 C.D. 1979.

51 Pa.Commw. 83 (1980)

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

Commonwealth Court of Pennsylvania.

April 29, 1980.

Attorney(s) appearing for the Case

Paul Schilling, Deputy Attorney General, with him Susan Forney, Deputy Attorney General, Donna Weldon, Assistant Attorney General, Allen Warshaw, Chief, Civil Litigation, and Edward G. Biester, Jr., Attorney General, for petitioners.

John R. Miller, Jr., of Miller, Kistler & Campbell, for respondent.

Michael I. Levin, with him William Fearen, Cleckner and Fearen, for Pennsylvania School Boards Association, Amicus Curiae.

Argued March 11, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE CRAIG, April 29, 1980:

This case is before us on exceptions taken by the Secretary of Education and the Attorney General (petitioners) to the November 28, 1979 order and opinion of our late President Judge JAMES S. BOWMAN, which dismissed petitioners' multi-count petition in the nature of mandamus, equity and declaratory judgment against respondent Mount Union Area Board of School Directors...

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