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SCHOOL DIST. OF PGH. v. DEPT. OF EDUCATION

No. 1603 C.D. 1976.

33 Pa.Commw. 535 (1978)

School District of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Education, Respondent. Joseph Scott et al., Intervenors.

Commonwealth Court of Pennsylvania.

February 10, 1978.

Attorney(s) appearing for the Case

Justin M. Johnson, Solicitor, with him Persifor S. Oliver, Jr., Assistant Solicitor, for petitioner.

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

William B. Ball, with him Joseph G. Skelly, Philip J. Murren, and Ball & Skelly, for intervening respondents.

Argued November 2, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY JUDGE ROGERS, February 10, 1978:

This case involving, inter alia, the Establishment Clause of the First Amendment to the Constitution of the United States,1 had its origin in an amendment made to Section 1361 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 13-1361, by the Act of December 29, 1972, P.L. 1726.

Section 1361 in its original 1949 form read:

...

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