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IN RE MILTON HERSHEY SCHOOL

911 A.2d 1258 (2006)

In re MILTON HERSHEY SCHOOL and Hershey Trust Company, Trustee of Milton Hershey School Trust. Appeal of Attorney General of Pennsylvania. In re Milton Hershey School and Hershey Trust Company, Trustee of Milton Hershey School Trust. Appeal of Hershey Trust Company and Milton Hershey School.

Supreme Court of Pennsylvania.

Decided December 28, 2006.

Attorney(s) appearing for the Case

John G. Knorr, Mark A. Pacella, Harrisburg, for Atty. Gen. of Pennsylvania.

Eric Carriker, Boston, MA, for Attys. Gen. from Massachusetts and Maine, appellant amici curiae in No. 137.

Michael S. DeLucia, Concord, NH, for Atty. Gen. from New Hampshire, appellant amicus curiae in No. 137.

Douglas A. Bahr, Bismarck, ND, for Atty. Gen. from North Dakota, appellant amicus curiae in No. 137.

Howard A. Rosenthal, Gary Dean Fry, Philadelphia, for Bd. of Directors of City Trusts, appellant amicus curiae in No. 138.

James F. Monteith, John William Schmehl, Philadelphia, Victor Paul Stabile, Harrisburg, F. Frederic Fouad, pro hac vice, for Milton Hershey School Alumni Ass'n.

Thomas B. Schmidt, Harrisburg, James M. Sheehan, Barbara W. Mather, Philadelphia, for Hershey Trust Co. and Milton Hershey School.

BEFORE; CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

In 1909, Milton and Catherine Hershey established the Milton Hershey School, a charitable institution, funded by the Milton Hershey School Trust. The deed of trust is the original agreement between the Hersheys, the Hershey Trust Company as Trustee, and the Managers of the Trust. The deed, as amended in 1976, provides that the Trust Company and the Board of Managers (which consists of members of the Board of Directors of the...

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