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O'LEARY v. WISECUP ET AL.

Nos. 1847 C.D. 1975 and 572 C.D. 1976.

26 Pa.Commw. 538 (1976)

Nathan O'Leary, a minor by James O'Leary, his guardian, Appellant v. James Wisecup, individually and as Superintendent of the Penn Hills School District, John D. Beswick, individually and as President of the Penn Hills School Board, Penn Hills School District, Appellees. (2 Cases)

Commonwealth Court of Pennsylvania.

October 13, 1976.

Attorney(s) appearing for the Case

Judd F. Crosby, for appellant.

John M. Tighe, for appellee.

Argued May 7, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 13, 1976:

Nathan O'Leary (appellant) filed two appeals, consolidated herein, from two orders of the Court of Common Pleas of Allegheny County which refused to grant his request for a preliminary injunction and dismissed his complaint in equity.1

The undisputed facts are that Nathan O'Leary entered a kindergarten in the Wilkinsburg School District (Wilkinsburg) in September of 1975, having been born...

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