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LINDSAY ET AL. v. THOMAS ET AL.

No. 3252 C.D. 1980.

77 Pa.Commw. 171 (1983)

Frederick Lindsay, a minor, and Dolores Lindsay, as mother and natural guardian, Appellants v. Arthur Thomas et al., Appellees.

Commonwealth Court of Pennsylvania.

September 14, 1983.

Attorney(s) appearing for the Case

David L. Harbaugh, with him Lawrence M. Schall, for appellants.

Constance B. Foster, with her John M. Elliott, Lawrence D. Berger, and Sheryl L. Auerbach, Dilworth, Paxson, Kalish & Levy, of counsel: Robert T. Lear, Assistant Counsel for appellees.

William Fearen, with him Michael I. Levin, Cleckner and Fearen, for Amicus Curiae, Pennsylvania School Boards Association.

Argued June 7, 1983, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR. and DOYLE.

OPINION BY JUDGE BLATT, September 14, 1983:

Frederick Lindsay and his mother, Dolores Lindsay (appellants), appeal from an order of the Court of Common Pleas of Philadelphia County which sustained the appellees'1 preliminary objections and thereby dismissed the appellants' complaint with prejudice.

The appellants seek damages in trespass from the appellees and allege that the School District violated the special education provisions...

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