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MECHANICAL CONT. ASS'N v. COM., DEPT. OF EDUC.

860 A.2d 1145 (2004)

MECHANICAL CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA, INC., Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Vicki L. Phillips, Secretary of Education and The School District of Philadelphia, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 20, 2004.

Reconsideration Denied November 19, 2004.

Attorney(s) appearing for the Case

Stanley B. Edelstein, Philadelphia, for petitioner.

Miles H. Shore, Philadelphia, for respondent, School District of Philadelphia.

Robert M. Tomaine, Jr., Harrisburg, for respondent, Department of Education.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge.

OPINION BY Judge PELLEGRINI.

Before this Court is an application for summary relief and request for declaratory judgment filed by Mechanical Contractors of Eastern Pennsylvania, Inc. (MCA) seeking an order directing Secretary Vicki L. Phillips (Secretary) of the Department of Education (Department) to declare that neither Section 751(a) of the Public School Code of 1949 (School Code)1 nor Section 1 of the Separations Act

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