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SCHOBERT ET UX. v. MARCASE ET AL.

No. 39 T.D. 1980.

58 Pa.Commw. 595 (1981)

Gilbert H. Schobert and Thelma Schobert, husband and wife, as parents and natural guardians of Nadine Schobert, a minor, Plaintiffs v. Michael P. Marcase, Superintendent of Schools and The School District of Philadelphia et al., Defendants.

Commonwealth Court of Pennsylvania.

April 22, 1981.

Attorney(s) appearing for the Case

Robert Lewis Seigle, for Plaintiffs.

Robert T. Lear, for Defendant, Michael P. Marcase.

David M. Donaldson, Assistant Attorney General, with him Margaret Anderson and John Alzamora, Assistant Attorneys General, for Defendant, The School District of Philadelphia.

Ernest N. Helling, Counsel with him Michael A. Davis, Chief Counsel, Maria P. Vickers, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for Pennsylvania Department of Education.

Argued March 4, 1981, before Judges MENCER, ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 22, 1981:

Gibert H. and Thelma Schobert filed a complaint in the Philadelphia Court of Common Pleas seeking injunctive relief and a money judgment from the Philadelphia Superintendent of Schools, the School District of Philadelphia and Caryl Kline,1 individually, and as Secretary of the Pennsylvania Department of Education. The defendants filed an array of preliminary objections, one of which was a petition...

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