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HOOK ET UX. v. ATHENS AREA SCH. DIST. ET AL.

No. 12 C.D. 1979.

50 Pa.Commw. 420 (1980)

Edward C. Hook and Coral Hook, Appellants v. Athens Area School District, Charles Utter and Arlene Utter, his Wife, Appellees.

Commonwealth Court of Pennsylvania.

April 10, 1980.

Attorney(s) appearing for the Case

John Kocsis, of Dowd and Kocsis, for appellants.

Daniel J. Barrett, of Beirne and Barrett, for Athens Area School District, appellee.

Frank J. Niemiec, of Davis, Murphy and Niemiec, for Charles Utter and Arlene Utter, appellees.

Argued December 6, 1979, before Judges CRUMLISH, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, April 10, 1980:

Edward C. Hook and Coral Hook (Hooks) appeal an order of the Court of Common Pleas of Bradford County sustaining the preliminary objections of the Athens Area School District (District) and dismissing the Hooks' amended complaint in equity. Upon the District's motion, we quash the appeal as untimely.

On March 2, 1978, the Hooks, taxpayers and residents of the District, filed suit to set aside a transfer of District...

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