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LEONARD ET AL. v. CANOVA ET AL.

No. 1489 C.D. 1982.

77 Pa.Commw. 604 (1983)

Board of Directors of the North Pocono School District and members thereof individually, Morgan Leonard, et al., Appellants v. Gouldsboro Taxpayers Association, a class, by Leo Canova, Jr. et al., Appellees.

Commonwealth Court of Pennsylvania.

October 18, 1983.

Attorney(s) appearing for the Case

John J. Brazil, with him William T. Malone, for appellants.

Jan Kuha, Geroulo, Kuha, Zipay & Muraca, and Todd J. O'Malley, for appellees.

Argued June 6, 1983, before President Judge CRUMLISH, JR. and Judges DOYLE and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARBIERI, October 18, 1983:

The appellant, the North Pocono School District (District), appeals from a decision of the Court of Common Pleas of Wayne County which entered an order issuing a writ of mandamus to compel the District to refund to the appellees, the Gouldsboro Taxpayers Association (Taxpayers), taxes which the District improperly collected from them. We reverse.

On November 16, 1978, the appellees filed a Class Action in Mandamus...

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