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JAMES E. WYNKOOP v. WARWICK BOARD SCHOOL DIRECTORS (09/22/80)

decided: September 22, 1980.

JAMES E. WYNKOOP, APPELLANT,
v.
WARWICK BOARD OF SCHOOL DIRECTORS, APPELLEE



Appeal No. 390 January Term, 1978, from the Order of the Commonwealth Court, June 12, 1978, No. 1035 C.D. 1977, Affirming the Order of the Court of Common Pleas of Lancaster County Entered April 19, 1977, Trust Book No. 43, Page 186; Paul A. Mueller, Jr., Judge.

COUNSEL

Gerald E. Ruth, York, for appellant.

Roger S. Reist, Lancaster, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Roberts, J., filed a dissenting opinion.

Author: Per Curiam

[ 491 Pa. Page 284]

OPINION

Order of the Commonwealth Court is affirmed.

ROBERTS, Justice, dissenting.

I dissent. The Local Agency Law, Act of December 2, 1968, P.L. 1133, § 4, 53 P.S. § 11304, required appellee school district to provide appellant James Wynkoop a hearing before terminating his contract of employment. Because appellant's termination did not become valid under the act until he was provided with a proper hearing, he is entitled to appropriate relief.

19800922

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