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SHAPP ET AL. v. SLOAN

No. 1194 C.D. 1976.

27 Pa.Commw. 312 (1976)

Milton J. Shapp, Governor, et al., Petitioners v. Grace M. Sloan, State Treasurer, Respondent. General Assembly of the Commonwealth of Pennsylvania, Intervening Respondent.

Commonwealth Court of Pennsylvania.

December 3, 1976.

Attorney(s) appearing for the Case

Melvin R. Shuster, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, Vincent X. Yakowicz, Solicitor General, and Robert P. Kane, Attorney General, for petitioners.

James M. Marsh, Deputy State Treasurer and Chief Counsel, for respondent.

Roland Morris, with him Duane, Morris & Heckscher, for intervening respondent.

Sarah C. Carey, with her Cladouhos & Brashares, and, of counsel, Townsend, Elliot & Munson, for amicus curiae, Legis '50, the Center for Legislative Improvement.

Argued October 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, December 3, 1976:

Cross motions for summary judgment supported by voluminous pleadings, affidavits and exhibits posture this struggle of constitutional proportion between the executive and legislative branches of our State government over fiscal control of Federal funds allocated or allocable to Pennsylvania under sundry Federal aid programs authorized by Acts of Congress and administered by various Federal agencies.

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