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COWDERY v. BD. OF ED., S.D. OF PHILA. ET AL.

No. 1693 C.D. 1984.

110 Pa.Commw. 164 (1987)

531 A.2d 1186

Michael Cowdery, Petitioner v. Board of Education of the School District of Philadelphia and Constance Clayton, Superintendent of the School District of the City of Philadelphia, Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Argued June 11, 1987.

Attorney(s) appearing for the Case

Lon Edward Mamolen, with him, Benjamin F. Levy, Segal, Wolf, Berk & Gaines, for petitioner.

Patricia Donovan, with her, Andrew M. Rosen, for respondents.

Before President Judge CRUMLISH, JR., Judge COLINS (P.), and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., October 8, 1987:

Michael Cowdery appeals an order of the Secretary of Education (Secretary) affirming a Philadelphia School Board decision dismissing him pursuant to Section 1122 of the Public School Code of 1949 (Code).1 We reverse.

Cowdery, a tenured high school teacher for the Philadelphia School District, was concurrently employed...

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