Keenan v. Penn Hills School District

FINKELHOR, J.,

This action, in assumpsit for the refund of a per capita tax in the *768amount of $10 from the Penn Hills School District, was before the court en banc on motions for summary judgment by both parties under Pennsylvania Rule of Civil Procedure 1035. Pursuant to a consent order, signed October 23, 1973, and a subsequent order of court, dated November 9, 1973, plaintiffs’ and defendant’s motions for summary judgment were withdrawn without prejudice and the parties agreed to prepare a case stated for submission to the court.

The question at issue is whether plaintiffs, Naomi Keenan and…