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SCH. DIST. OF PGH. v. DEPT. OF EDUCATION

No. 818 C.D. 1981.

63 Pa.Commw. 39 (1981)

School District of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

December 2, 1981.

Attorney(s) appearing for the Case

Persifor S. Oliver, Jr., Assistant Solicitor, with him Robert J. Stefanko, Solicitor, for petitioner.

Elisabeth S. Shuster, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued October 5, 1981, before Judges MENCER, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 2, 1981:

The Department of Education (Department) has filed preliminary objections to a suit in mandamus by the School District of Pittsburgh (District) which seeks to compel the Department to process the District's application for two million dollars in reimbursement which the District claims is due it under the provisions of Sections 2574 and 2575.1 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as...

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