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WADDELL v. MIFFLIN C. SCH. DIST. et al.

442 Pa. 632 (1971)

Waddell, Appellant, v. Mifflin County School District et al.

Supreme Court of Pennsylvania.

April 22, 1971.

Attorney(s) appearing for the Case

Norman L. Levin, with him Brugler & Levin, for petitioners.

Richard C. Angino, with him Hurwitz, Klein, Benjamin & Angino, for respondents.

Before JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION PER CURIAM, April 22, 1971:

Decree affirmed. Each party to pay own costs.

Mr. Justice EAGEN and Mr. Justice POMEROY are of the view that sufficient facts are alleged in the complaint to require the defendants to answer on the merits. Hence, we would vacate the decree entered below and direct a procedendo.

Mr. Chief Justice BELL took no part in the consideration or decision...

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