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BENSALEM T.S.D. ET AL. v. COM. OF PA. ET AL.

No. 1580 C.D. 1984.

105 Pa.Commw. 388 (1987)

524 A.2d 1027

Bensalem Township School District, and Robert Dewey in his own right and on behalf of all other taxpayers of Bensalem Township, and Mark Jaskolka, a minor by Andrew Jaskolka, his parent and natural guardian, in his own right and on behalf of all other school aged children in Bensalem Township, Petitioners v. Commonwealth of Pennsylvania, and The Treasurer of Pennsylvania, and The Secretary of Education of The Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 22, 1987.

Attorney(s) appearing for the Case

James M. McMaster, Smith and McMaster, P.C., for petitioners.

Allen C. Warshaw, Executive Deputy Attorney General, with him, John G. Knorr, III, Senior Deputy Attorney General, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE MacPHAIL, April, 22, 1987:

Before this Court in our original jurisdiction1 is a Motion for Summary Judgment filed by Bensalem Township School District, Robert Dewey (in his own right and on behalf of all other Bensalem Township taxpayers), and Mark Jaskolka, a minor by Andrew Jaskolka (in his own right and on behalf of all other school-aged children in Bensalem Township) (Petitioners) asking us to declare specific provisions...

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