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BOROUGH TRAINER ET AL. v. CHICHESTER SCHOOL DISTRICT ET AL. (02/11/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 11, 1983.

THE BOROUGH OF TRAINER ET AL., APPELLANTS
v.
CHICHESTER SCHOOL DISTRICT ET AL., APPELLEES

Appeal from the Order of the Court of Common Pleas of Delaware County in case of The Borough of Trainer et al. v. Chichester School District et al., No. 81-10488.

COUNSEL

Francis A. Ursho, with him Daniel E. Murtaugh, Jr., for appellants.

Gregory J. Polischuk, with him Arthur Levy, Levy and Surrick, for appellees.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 72 Pa. Commw. Page 48]

This is an appeal of an order of the Court of Common Pleas of Delaware County sustaining Preliminary Objections in the nature of a demurrer to a complaint in equity brought by the Borough of Trainer against the Chichester School District.

After careful consideration of the briefs filed by the parties and review of the record including Plaintiffs' Amended Complaint, we find ourselves in agreement with the court of common pleas and affirm on the basis of the precise and well written opinion of Judge Joseph T. Labrum, Jr., at Pa. D. & C.3d (1981).

Order

Now, February 11, 1983, the order of the Court of Common Pleas of Delaware County, dated September 3, 1981, in the above referenced matter is hereby affirmed.

Disposition

Affirmed.

19830211

© 1998 VersusLaw Inc.



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