WADDELL v. MIFFLIN C. SCH. DIST. ET AL., 442 Pa. 632 (1971)

276 A.2d 303

Waddell, Appellant, v. Mifflin County School District et al.

Supreme Court of Pennsylvania.January 13, 1971.
April 22, 1971.

Before JONES, EAGEN, O’BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

Appeal, No. 524, Miscellaneous Docket, 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. Decree affirmed.

Equity actions, consolidated. Before CAMPBELL, P. J., specially presiding.

Demurrer by defendants to plaintiffs’ amended complaint sustained, and judgment entered for defendants. Plaintiffs appealed.

Norman L. Levin, with him Brugler Levin, for petitioners.

Richard C. Angino, with him Hurwitz, Klein, Benjamin Angino, for respondents.

Page 633

OPINION PER CURIAM, April 22, 1971:

Decree affirmed. Each party to pay own costs.

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.