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BURGER v. BD. OF SCHOOL DIRECTORS

805 A.2d 663 (2002)

Anthony E. BURGER v. The BOARD OF SCHOOL DIRECTORS OF THE McGUFFEY SCHOOL DISTRICT and the School District of McGuffey, Appeal of The School District of McGuffey.

Commonwealth Court of Pennsylvania.

Decided August 21, 2002.

Attorney(s) appearing for the Case

Michael I. Levin, Huntingdon Valley, for appellant.

Ronald G. Backer, Pittsburgh, for appellees.

Before COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, LEADBETTER, Judge, SIMPSON, Judge, LEAVITT, Judge.

OPINION BY Judge LEADBETTER.

In this mandamus action, the McGuffey School District (District) and its Board of Directors (Board) appeal from the December 1, 2000, order of the Court of Common Pleas of Washington County (trial court). At issue is whether the District violated Section 1080 of the School Code1 when it suspended District Superintendent Dr. Anthony Burger (Dr. Burger) pending a removal hearing on grounds that he was sexually...

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