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AUERBACH ET UX. v. COUNCIL ROCK SCH. D. ET AL.

No. 639 C.D. 1982.

74 Pa.Commw. 507 (1983)

Roger Auerbach and Joan Auerbach, Parents and Natural Guardians of Peter Buttschardt, a Minor, Appellants v. Council Rock School District and John Ciociola, Appellees.

Commonwealth Court of Pennsylvania.

May 27, 1983.

Attorney(s) appearing for the Case

Martin J. King, Cordes, King & Associates, P.C., for appellants.

Frederick E. Smith, Smith and Toner, for appellees.

Argued April 4, 1983, before Judges BLATT, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 27, 1983:

Roger and Joan Auerbach, parents and natural guardians of Peter Buttschardt, a minor (appellants), appeal here an order of the Court of Common Pleas of Bucks County which granted the Council Rock School District's (District) motion for summary judgment in this matter.1

This action in trespass arises from the following factual setting. The minor appellant and a classmate (Ciociola) had previously...

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