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BARTH v. PHILA. SCHOOL DIST. et al.

393 Pa. 557 (1958)

Barth v. Philadelphia School District et al., Appellants.

Supreme Court of Pennsylvania.

July 25, 1958.

Attorney(s) appearing for the Case

C. Brewster Rhoads, with him Sidney L. Wicken-haver, Edward B. Soken, and Montgomery, McCracken, Walker & Rhoads, for School District of Philadelphia, appellant.

David Berger, City Solicitor, with him James L. Stern, Deputy City Solicitor, and Shirley Bitterman, Assistant City Solicitor, for Youth Conservation Commission of Philadelphia, appellant.

Marvin Comisky, with him Brumbelow & Comisky, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BELL, July 25, 1958:

Plaintiff filed a complaint in equity in a taxpayers' suit on behalf of himself and all other taxpayers of the School District of Philadelphia. Plaintiff prayed for an injunction to restrain — not the City but — the School District of Philadelphia from making any expenditure or contribution of money, materials, services or facilities in performance of an Agreement entered into by the Board of Education of the...

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