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CHESTER U. SCH. D. ET AL. v. COM. OF PA. ET AL.

No. 2924 C.D. 1983.

90 Pa.Commw. 464 (1985)

Chester Upland School District and The Board of School Directors of Chester Upland School District, Petitioners v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of Pennsylvania, et al., Respondents.

Commonwealth Court of Pennsylvania.

July 18, 1985.

Attorney(s) appearing for the Case

Leo A. Hackett, with him, Michael C. Duke, Fronefield & deFuria, for petitioners.

Joel M. Ressler, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued May 6, 1985, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 18, 1985:

Chester Upland School District and its board of directors filed this original jurisdiction action for declaratory judgment, challenging the constitutionality of a 1981 amendment to section 1106 of the Public School Code of 1949,1 24 P.S. §11-1106, which prohibits any school district, except those in the first class and first class A categories,2 from requiring its...

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