# Freidhoff v. Board of School Directors of Conemaugh Valley School District

> Commonwealth Court of Pennsylvania · February 11, 1991 · 137 Pa. Commw. 555

URL: https://www.frixlaw.com/law-library/cases/6373990

## Case

- **Full name:** Wilfred FREIDHOFF, Mary Galbraith, Ruth Domer v. BOARD OF SCHOOL DIRECTORS OF CONEMAUGH VALLEY SCHOOL DISTRICT
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** February 11, 1991
- **Citations:** 137 Pa. Commw. 555; 586 A.2d 1038; 1991 Pa. Commw. LEXIS 78
- **Precedential status:** Published
- **Opinion:** Dissent by McGinley
- **Judges:** Byer, Colins, Craig, Doyle, Kelley, McGinley, Pellegrini
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6373990

## Opinion text

McGINLEY, Judge,
dissenting.
I respectfully dissent in part. I would not reverse the nonsuit of the nine absent plaintiffs regardless of the presence of their attorney and despite the fact that the material evidence was substantially and materially equivalent for all claims.
The trial court specifically informed counsel that the plaintiffs were to appear in person for cross-examination. There is no need for a subpoena in such circumstances. In any event, there is a very real possibility that the non-appearing plaintiffs did not intend to pursue their claims. Their failure to appear when directed by the court implies just that.
I would affirm the trial court’s nonsuit.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6373990. Public record. Not legal advice.