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SHAFFER v. BD. OF SCH. DIR. OF ALBERT GALLATIN AREA

Civ. A. No. 80-1115.

570 F.Supp. 698 (1983)

Elizabeth P. SHAFFER, William W. Shaffer, Daniel Everett Brangard, Audra Virginia Engle, Gary N. Cottrell, Susan Rae Moore, minors by their guardians Betty J. SHAFFER, Wanda R. Bangard, Pauline V. Layhew, Dolores Cottrell and Diana J. Moore, and in their own right, Plaintiffs, v. BOARD OF SCHOOL DIRECTORS OF the ALBERT GALLATIN AREA SCHOOL DISTRICT, Dorsey Clegg, Theodore Yanowski, Sarah Bartuch, Elroy Enlow, Charles King, John A. Kupas, Jr., George E. Lilley, Theodore C. Shaffer, Frank Sterle, individually and in their capacity as members of the Board of School Directors of the Albert Gallatin Area School District, Fayette County, Pa., and Michael E. Tippett, individually and in his capacity as Superintendent of the Albert Gallatin Area School District, Defendants.

United States District Court, W.D. Pennsylvania, Civil Division.

September 16, 1983.

Attorney(s) appearing for the Case

Robert M. Brenner, Southwestern Pa. Legal Aid Soc., Uniontown, Pa., for plaintiffs.

Gerald R. Solomon, Uniontown, Pa., for defendants.

Michael I. Levin, Mary D. France, Cleckner & Fearen, Harrisburg, Pa., amicus curiae, Pa. School Boards Ass'n, in support of defendant.

OPINION

SIMMONS, District Judge.

A. BACKGROUND

On August 7, 1980, several concerned parents with kindergarten-age school children filed this class action complaint assailing a decision by the Board of Directors of the Albert Gallatin Area School District (hereinafter School District) to provide free transportation to kindergarten-age school children on only a one-way basis, either to or from school, but not both to and from school. Although Pennsylvania...

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