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ESBENSHADE ET AL. v. DEPARTMENT PUBLIC INSTRUCTION. (12/29/56)

THE SUPREME COURT OF PENNSYLVANIA


December 29, 1956

ESBENSHADE ET AL., APPELLANTS,
v.
DEPARTMENT OF PUBLIC INSTRUCTION.

Appeal, No. 20, May T., 1957, from order of Superior Court No. 21, March T., 1956, affirming Court of Common Pleas of Dauphin County, No. 52 Commonwealth Docket 1954, Elmer L. Esbenshade et al. v. Department of Public Instruction, State Council of Education. Order affirmed. Same case in Superior Court: 181 Pa. Super.Ct. 232. Appeal by plaintiffs from decision of State Council of Education disapproving annexation. Order entered denying appeal, opinion by SHON, J. Plaintiffs appealed to the Superior Court, which affirmed the order of the court below. Appeal by plaintiffs to Supreme Court allowed.

COUNSEL

Robert H. Maurer with him Theodore L. Brubaker, Solicitor, and McNees, Wallace & Nurick, for appellants.

Elmer T. Bolla, Deputy Attorney General, with him Harry L. Rossi, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for appellee.

Before Jones, Bell, Chidsey and Arnold, JJ.

[ 387 Pa. Page 282]

OPINION PER CURIAM

The order of the Superior Court is affirmed upon the opinion of ERVIN, J. reported in 181 Pa. Superior Ct. 232, 124 A.2d 478.

19561229

© 1998 VersusLaw Inc.



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