PA. FED. of T. ET AL. v. SCH. DIST. OF PHILA. ET AL.

No. 2218 C.D. 1983 and 2407 C.D. 1983.

80 Pa.Commw. 608 (1984)

The Pennsylvania Federation of Teachers et al., Petitioners v. The School District of Philadelphia et al., Respondents. Pennsylvania State Education Association et al., Petitioners v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor, et al., Respondents.

Commonwealth Court of Pennsylvania.

March 7, 1984.


Attorney(s) appearing for the Case

Elliot A. Strokoff, with him, Jerome H. Gerber, Handler, Gerber, Johnston, Strokoff & Cowden, for petitioners, The Pennsylvania Federation of Teachers et al.

Anthony D. Newman, with him Lynne L. Wilson, for petitioners, Pennsylvania State Education Association et al.

James J. Kutz, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Richard Kirschner, with him, Stuart W. Davidson, Kirschner, Walters, Willig, Weinberg & Dempsey, for Amicus Curiae, Council 13, American Federation of State, County and Municipal Employees, AFL-CIO.

Argued December 6, 1983, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and BARRY.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 7, 1984:

The petitioners and respondents1 in these two consolidated cases have filed cross-motions for summary judgment. Petitioners seek a permanent injunction of Section 2 of Act 31 of 1983, 24 Pa. C. S. §8102, which requires them, as members of the Public School Employes' Retirement System2 to contribute an additional 1% of their salary to the Public School...

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