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DEPT. PUBLIC WELFARE v. UEC, INC.

No. 85 Misc. Docket.

19 Pa.Commw. 461 (1975)

Commonwealth of Pennsylvania, Department of Public Welfare, Petitioner, v. UEC, Inc., Respondent.

Commonwealth Court of Pennsylvania.

June 4, 1975.

Attorney(s) appearing for the Case

Lawrence Silver, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, and Robert P. Kane, Attorney General, for petitioner.

A. Martin Herring, with him Ronald Wertheim, Meyer Feldman and, of counsel, Ginsberg, Feldman and Bress and Teitelman and Herring, for respondent.

Argued March 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, June 4, 1975:

This is an appeal by the Commonwealth of Pennsylvania, Department of Public Welfare (Commonwealth), from a decision of the Board of Arbitration and Claims (Board) dismissing the Commonwealth's preliminary objections to a complaint filed by UEC, Inc. (UEC).

Of course, in deciding the efficacy of the Commonwealth's preliminary objections, we must accept as true all facts in UEC's complaint which are well and clearly pleaded...

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