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LUZERNE COUNTY v. GOECKEL

194 Pa.Super. 361 (1961)

Luzerne County v. Goeckel, Appellant.

Superior Court of Pennsylvania.

March 22, 1961.

Attorney(s) appearing for the Case

Peter Paul Olszewski, City Solicitor, for City of Wilkes-Barre, appellant.

James T. Shea, County Solicitor, for County of Luzerne, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY ERVIN, J., March 22, 1961:

This is an amicable action of mandamus to determine whether defendant, Frank A. Goeckel, Treasurer of the City of Wilkes-Barre, must refund the sum of $3,184.52 paid to the city by plaintiff, County of Luzerne. At a regular meeting of the Luzerne County Commissioners held on December 23, 1959 the commissioners voted to divide the liquid fuels tax fund, amounting to $22,928...

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