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DEPT. EDUCATION v. FIRST SCHOOL

No. 1562 C.D. 1974.

22 Pa.Commw. 334 (1975)

Commonwealth of Pennsylvania, Department of Education v. The First School, Appellant.

Commonwealth Court of Pennsylvania.

December 12, 1975.

Attorney(s) appearing for the Case

William B. Ball, with him Ball & Skelly, for appellant.

J. Justin Blewitt, Jr., Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued June 5, 1975 — Reargued September 10, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, December 12, 1975:

This is an action in which The First School tests the viability of a statute held to be at least in part unconstitutional by the United States Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971) (Lemon I).

The statute in question is the Nonpublic Elementary and Secondary Education Act1 (Act 109) which authorizes the Commonwealth to reimburse nonpublic...

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