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BURGER v. SCHOOL BD. OF MCGUFFEY SCH. DIST.

923 A.2d 1155 (2007)

Anthony BURGER, Appellant, v. SCHOOL BOARD OF the McGUFFEY School District, Appellee.

Supreme Court of Pennsylvania.

Decided May 31, 2007.

Resubmitted April 13, 2007.

Attorney(s) appearing for the Case

Brian David Cox, Pittsburgh, Woomer & Hall LLP, for Anthony Burger.

Donna S. Weldon, Keefer Wood Allen & Rahal, L.L.P., Harrisburg, for Pennsylvania Association of School Administrators.

Paul N. Lalley, Levin Legal Group, Huntingdon Valley, for McGuffey School District School Board.

Ernest N. Helling, Harrisburg, for Pennsylvania Department of Education.

Before: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

OPINION

Justice CASTILLE.

This matter is before this Court on direct appeal because the trial judge found that Section 10-1080 of the Public School Code, 24 P.S. § 10-1080, was in unconstitutional conflict with Article VI, Section 7 of the Pennsylvania Constitution. Accordingly, the court determined that it lacked subject matter jurisdiction over appellant's Section 10-1080-based challenge to appellee School Board's termination of appellant as...

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