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INDEPENDENT SCH. D. v. ST. BD. OF EDUCATION

No. 1246 C.D. 1979.

53 Pa.Commw. 38 (1980)

Independent School District Comprised of the Western Portions of Hamlin and Sergeant Townships, McKean County, Pa., Petitioner v. Commonwealth of Pennsylvania, State Board of Education, Respondent. Smethport Area School District, Intervenor.

Commonwealth Court of Pennsylvania.

July 15, 1980.

Attorney(s) appearing for the Case

John D. Killian, Killian & Gephart, with him Michael P. Baker, Woods, Baker & Cleland, for petitioner.

Kathleen F. McGrath, Deputy Attorney General, with her Edward G. Biester, Jr., Attorney General, for respondent.

Murray R. Garber, for Smethport Area School District, intervenor.

Argued June 6, 1980, before Judges WILKINSON, JR., MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 15, 1980:

This is an appeal from the final decision of the State Board of Education (Board) denying the transfer of an independent school district from the Smethport Area School District (Smethport) to the Kane Area School District (Kane). We affirm.

On February 15, 1974, a majority of the taxable inhabitants of the then proposed Independent School District (hereinafter also referred to as Petitioner) comprised of the...

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