SHAFFER v. BOARD OF SCHOOL DIRECTORS, ETC.

No. 83-5739.

730 F.2d 910 (1984)

Elizabeth P. SHAFFER, William W. Shaffer, Daniel Everett Brangard, Audra Virginia Engle, Gary N. Cottrell, Susan Rae Moore, minors by their guardians Betty J. Shaffer, Wanda R. Brangard, Pauline V. Layhue, Dolores Cottrell and Diana J. Moore, and in their own right v. BOARD OF SCHOOL DIRECTORS OF the ALBERT GALLATIN AREA SCHOOL DISTRICT Dorsey Clegg, Theodore Yanowsky, Sarah Bartuch, Elroy Enlow, Charles King, John A. Kopas, Jr., George E. Lilley, Theodore C. Shaffer, Frank Sterle (Individually and in their capacity as members of the Board of School Directors of the Albert Gallatin Area School District Fayette County, Pa.), and Michael E. Tippett (Individually and in his capacity as Superintendent of the Albert Gallatin Area School District), Appellants.

United States Court of Appeals, Third Circuit.

Decided March 13, 1984.

Rehearing and Rehearing Denied April 23, 1984.


Attorney(s) appearing for the Case

William C. Kaufmann (argued), Steven M. Dranoff, Dranoff-Perlstein Associates, Philadelphia, Pa., Gerald R. Solomon, Uniontown, Pa., for appellants.

Robert J. Wetzel (argued), Robert M. Brenner, Southwestern Pennsylvania Legal Aid Society, Uniontown, Pa., for appellees.

Michael I. Levin, (argued), William Fearen, Cleckner & Fearen, Blue Bell, Pa., for amicus curiae.

Before HUNTER and WEIS, Circuit Judges, and GERRY, District Judge.


Rehearing and Rehearing In Banc Denied April 23, 1984.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from an order of the United States District Court for the Western District of Pennsylvania, 570 F.Supp. 698, enjoining appellant, the Board of School Directors of the Albert Gallatin Area School District ("the School District"), from providing only one-way transportation to the plaintiff...

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