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BELLEFONTE S. BD. v. BELLEFONTE ED. ASS'N.

Appeal, No. 981 C.D. 1972.

9 Pa.Commw. 210 (1973)

Bellefonte Area School Board v. The Bellefonte Area Education Association, et al.

Commonwealth Court of Pennsylvania.

May 23, 1973.

Attorney(s) appearing for the Case

Thomas A. Walrath, with him William A. Hebe and Spencer and Gleason, for appellants.

John R. Miller, with him Miller, Kistler & Campbell, Inc., for appellee.

William Fearen, with him Cleckner & Fearen, for amicus curiae, Pennsylvania School Board Association.

Argued April 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. disqualified himself and did not participate.

OPINION BY JUDGE ROGERS, May 23, 1973:

When Legislatures finally determine to adopt a wholly new concept of public management, they usually do so in terms more expressive of their fear of the unforeseeable harm which may result from the new policy than of their confidence in the good it will accomplish. Hence, such legislation is often tentative, imprecise, elliptical and incomplete, leaving the hard choices either to the improbable chance that they "may not come...

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