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WYOMING SAND v. DEPT. REVENUE, ET AL.

No. 1046 C.D. 1975.

24 Pa.Commw. 366 (1976)

Wyoming Sand and Stone Company, Plaintiff v. Department of Revenue, Department of the Auditor General and Treasury Department of the Commonwealth of Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

April 22, 1976.

Attorney(s) appearing for the Case

Albert J. Tomalis, Jr., with him Metzger, Hafer, Keefer, Thomas and Wood, for plaintiff.

Vincent X. Yakowicz, Solicitor General, with him, Lawrence J. Rosen, Chief, Appeals Section, for defendant, Department of Revenue.

Donald J. Murphy, Deputy Attorney General, with him Jeffrey G. Cokin, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Treasury Department.

Robert P. Meehan, Deputy Counsel, with him Frank P. Lawley, Jr., Chief Counsel, for defendant, Department of the Auditor General.

Argued January 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, April 22, 1976:

This matter comes within the original jurisdiction of this Court. It was commenced by the filing of a complaint in mandamus by Wyoming Sand and Stone Company on July 24, 1975, against the Department of Revenue, the Department of the Auditor General and the Treasury Department. Preliminary objections were filed by the defendants which we will sustain.

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