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HUMMER ET AL. v. BD. OF S.D., W.-S. S.D. ET AL.

No. 1047 C.D. 1985.

101 Pa.Commw. 16 (1986)

515 A.2d 359

Charles Hummer, Jr., and Deborah Hummer, h/w, et al., Appellants v. The Board of School Directors of the Wallingford-Swarthmore School District and The Wallingford-Swarthmore School District, Appellees.

Commonwealth Court of Pennsylvania.

September 24, 1986.

Attorney(s) appearing for the Case

Denis M. Dunn, with him, Joseph A. Damico, Jr., Petrikin, Wellman, Damico, Carney & Brown, for appellants.

David A. Gradwohl, with him, Gary D. Fry, Pelino & Lentz, P.C. and Martin R. Lentz, Solicitor, for appellees.

Argued June 10, 1986, before Judges MacPHAIL and DOYLE, and Senior Judge ROGERS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 24, 1986:

Taxpayers (Appellants), who are residents of the Borough of Swarthmore and within the taxing jurisdiction of The Wallingford-Swarthmore School District (Merged District), appeal from an order of the Court of Common Pleas of Delaware County which sustained the demurrer of the Merged District and its Board of School Directors to the Appellants' complaint in equity. We affirm.

It appears from Appellants' complaint...

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