decided: April 22, 1971.
MIFFLIN COUNTY SCHOOL DISTRICT ET AL.
Appeal from decree of Court of Common Pleas of Mifflin County, Aug. T., 1970, Nos. 427 and 432, in case of John Waddell et al. v. Mifflin County School District et al.; Wilbert L. Burke et al. v. Board of Directors of Mifflin County School District et al.
Norman L. Levin, with him Brugler & Levin, for petitioners.
Richard C. Angino, with him Hurwitz, Klein, Benjamin & Angino, for respondents.
Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Mr. Justice Eagen and Mr. Justice Pomeroy are of the view that sufficient facts are alleged in the complaint to require the defendants to answer on the merits. Hence, we would vacate the decree entered below and direct a procedendo. Mr. Chief Justice Bell took no part in the consideration or decision of this case.
Author: Per Curiam
[ 442 Pa. Page 633]
Decree affirmed. Each party to pay own costs.
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