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1ST WESTCO CORP. v. SCHOOL DIST. OF PHILADELPHIA

Civ. A. No. 91-2727.

811 F.Supp. 204 (1993)

1ST WESTCO CORP., Richard J. Lee, Troy Lyles, Carl Haines, Charles J. Fuller, Stanley Yakupchina, Todd Curtis, and Roosevelt Whitehead, Plaintiffs, v. SCHOOL DISTRICT OF PHILADELPHIA, Defendant, v. Ernest D. PREATE, Jr., Individually and in his official capacity as Attorney General of the Commonwealth of Pennsylvania, and Donald M. Carroll, Jr., Individually and in his official capacity as Secretary of Education of the Commonwealth of Pennsylvania, Third-Party Defendants.

United States District Court, E.D. Pennsylvania.

January 8, 1993.

Attorney(s) appearing for the Case

Roy S. Cohen, Cohen & Green, P.C., Philadelphia, PA, for plaintiffs.

Jackie B. Sparkman, Sally Akan, School Dist. of Philadelphia, Office of General Counsel, Philadelphia, PA, for defendant School Dist. of Philadelphia.

Richard C. McNeill, Sagot, Jennings & Sigmond, Philadelphia, for movants Metropolitan Dist. Council of Philadelphia and Vicinity, United Broth. of Carpenters and Joiners of America, Metropolitan Dist. Council of Carpenters of Philadelphia and Vicinity.

Charles T. Joyce, Willig, Williams & Davidson, Philadelphia, PA, for movant Glaziers, Architectural Metal and Glass-workers Union Local 252.

Susan J. Forney, Office of Atty. Gen., Harrisburg, PA, for defendant Com. of Pa., and third-party defendants Ernest D. Preate, Jr., and Donald M. Carroll, Jr.

OPINION

GAWTHROP, District Judge.

Before the court are the cross-motions for summary judgment of the plaintiffs and the third-party defendants. Plaintiffs, 1st Westco Corp., a New Jersey corporation, and some individual employees of 1st Westco who are residents of New Jersey, seek a declaratory judgment that § 7-754 of the Pennsylvania Public School Code violates the Privileges and Immunities Clause and the Commerce Clause of the United States Constitution...

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