BABCOCK SCH. DIST. v. POTOCKI ET UX.

No. 2566 C.D. 1981.

71 Pa.Commw. 504 (1983)

Babcock School District, Appellant v. James Edward Potocki and Diane Linda Potocki, Individually and as Parents and Natural Guardians of Timothy James Potocki, Appellees.

Commonwealth Court of Pennsylvania.

February 1, 1983.


Attorney(s) appearing for the Case

Lee A. Donaldson, Jr., Donaldson & Donaldson, for appellant.

John R. Orie, Jr., for appellees.

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

Argued October 4, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 1, 1983:

Babcock School District appeals an Allegheny County Common Pleas Court order dismissing the School District's petition to open a peremptory judgment in mandamus.1 We affirm.

The Potockis, Babcock School District residents, transferred their child to a public school in a neighboring district. Later their request...

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