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SCHWARTZ v. O'HARA TWP. SCHOOL DIST.

375 Pa. 440 (1953)

Schwartz, Appellant, v. O'Hara Township School District.

Supreme Court of Pennsylvania.

November 24, 1953.

Attorney(s) appearing for the Case

Roger P. Marquis, Washington, D.C., with him John W. McIlvaine, U.S. Attorney, Irwin A. Swiss and D. Malcolm Anderson, Jr., Assistant U.S. Attorneys and Arthur E. Ashton, Chief Attorney, Veterans Administration, for appellants.

D.S. Thomas, with him Campbell, Houck & Thomas, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, November 24, 1953:

This is a class action in mandamus upon a case stated. The question of law involved is whether or not the minor children of school age residing on the grounds of the Veterans Administration Hospital (a Federal area) in O'Hara Township, Allegheny County, are entitled to free education in the public schools of the Township (a district of the third class) or in schools of other districts at the cost and expense of the...

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