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McKEESPORT AREA S. D. ET AL. v. DEPT. OF ED.

No. 934 C.D. 1977.

38 Pa.Commw. 290 (1978)

McKeesport Area School District and Kiski Area School District, Petitioners v. Commonwealth of Pennsylvania, Department of Education, Respondent. Joseph Wilks and Helen Wilks, his wife et al., Intervenors.

Commonwealth Court of Pennsylvania.

October 25, 1978.

Attorney(s) appearing for the Case

Lewis J. Nescott, with him Ruby, Nescott and Taylor; Andrew G. Uncapher; Andrew G. Uncapher, Jr.; and Uncapher & Uncapher, for petitioners.

Patricia A. Donovan, Deputy Attorney General, for respondent.

Philip J. Murren, with him William B. Ball and Joseph G. Skelly, for intervenors.

Argued September 12, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE ROGERS, October 25, 1978:

McKeesport Area School District and Kiski Area School District have filed a petition for review of the order of the Acting Secretary of Education requiring them to transport school children in accordance with the Secretary's interpretation of Section 1361 of the Public School Code of 1949. No issue of law or fact distinguishes this case from earlier cases decided by this Court and upholding the Secretary's interpretation...

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