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HARRISBURG CH. OF AM. CIV. LIB. v. SCANLON

500 Pa. 549 (1983)

458 A.2d 1352

The HARRISBURG CHAPTER OF the AMERICAN CIVIL LIBERTIES UNION, et al., Appellants, v. Robert G. SCANLON, in his official capacity as Secretary of Education of the Commonwealth, et al.

Supreme Court of Pennsylvania.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Arthur L. Berger, Richard L. McCoy, Harrisburg, for appellants.

Allan W. Holman, Jr., Sol., for West Perry School Dist.

Robert L. Rubendall, Sol., for Halifax School Dist.

Michael L. Harvey, Deputy Atty. Gen., for Robert G. Scanlon.

James D. Flower, Carlisle, for Carlisle School Dist.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

ORDER

PER CURIAM.

Order of Commonwealth Court affirmed.

ROBERTS, C.J., files a dissenting opinion in which FLAHERTY, J., joins.

ROBERTS, Chief Justice, dissenting.

I dissent and would remand the record to the Commonwealth Court with instructions to enter the consent decree which has been willingly and freely entered into by the parties.

This lawsuit began in May of 1982 when appellants...

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