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SCHOOL DIST. v. COUNCIL OF PHILADELPHIA

129 Pa.Commw. 503 (1989)

566 A.2d 352

SCHOOL DISTRICT OF PHILADELPHIA, BOARD OF EDUCATION and Constance E. Clayton, Superintendent of Schools, Appellants, v. COUNCIL OF the CITY OF PHILADELPHIA and Valerie Gibson et al., Appellees.

Commonwealth Court of Pennsylvania.

Decided November 15, 1989.

Reargument Denied January 26, 1990.

Attorney(s) appearing for the Case

Barbara W. Mather, with her, David Castro, Pepper, Hamilton & Scheetz, Philadelphia, for appellants.

Stephen P. Gallagher, Stack & Gallagher, P.C., Philadelphia, for appellee, Council of the City of Philadelphia.

Joseph O'Donnell, Philadelphia, for appellees, Valerie Gibson et al.

Before CRUMLISH, Jr., President Judge, and DOYLE, BARRY, COLINS, PALLADINO, McGINLEY and SMITH, JJ., concur.

OPINION

CRUMLISH, Jr., President Judge.

The School District of Philadelphia (District), Board of Education (Board), and Constance E. Clayton, Superintendent of Schools, appeal a Philadelphia County Common Pleas Court interlocutory order granting Valerie Gibson, Phyllis Ruffin and the Philadelphia City Council's (Council) motion for peremptory judgment in mandamus.1 We affirm.

In March of 1988, the District submitted to...

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