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RANKIN ET AL. v. MT. LEBANON SCH. DIST. ET AL.

No. 56 C.D. 1982.

70 Pa.Commw. 210 (1982)

Bob E. Rankin, Marilyn Nichols and All Others Similarly Situated, Appellants v. Mt. Lebanon School District, Mt. Lebanon Board of Directors and Mellon Bank, N.A., Appellees.

Commonwealth Court of Pennsylvania.

December 2, 1982.

Attorney(s) appearing for the Case

Joseph M. Loughren, Wayman, Irvin & McAuley, for appellants.

Donald C. Bush, with him James C. Kletter and Thomas P. Peterson, Anderson, Moreland & Bush, for appellees, Mt. Lebanon School District and Mt. Lebanon Board of School Directors.

Walter T. McGough, with him Arthur J. Schwab, Anthony J. Basinski and Debra M. Coulson, Reed, Smith, Shaw & McClay, for appellee, Mellon Bank, N.A.

Argued October 6, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 2, 1982:

Bob E. Rankin and Marilyn Nichols (taxpayers) appeal the order of the Court of Common Pleas of Allegheny County which sustained the preliminary objections of the Mt. Lebanon School District, the school directors and Mellon Bank, N.A., and dismissed the taxpayers' class action suit in equity.

The preliminary objections set forth demurrers and also sought dismissal on the ground of failure to exhaust a statutory remedy...

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