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COSHEY ET AL. v. BEAL

No. 127 C.D. 1976.

27 Pa.Commw. 440 (1976)

Raymond O. Coshey, Charles R. Kaylor and Dorothy M. Kerchner, Plaintiffs v. Frank S. Beal et al., Defendants.

Commonwealth Court of Pennsylvania.

December 9, 1976.

Attorney(s) appearing for the Case

Gary Robert Fine, with him Alex E. Echard, and Peter P. Cherellia, for plaintiffs.

Jeffrey Cooper, Deputy Attorney General, with him Norman J. Watkins, Deputy Attorney General, J. Justin Blewitt, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Argued September 13, 1976, before President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, December 9, 1976:

Raymond O. Coshey, Charles R. Kaylor and Dorothy M. Kerchner (Plaintiffs) seek by this proceeding in mandamus to compel defendants — more specifically, the Department of Public Welfare (Department) — to refund to Plaintiffs monies wrongfully paid to the Department out of delayed lump-sum social security benefits as reimbursement for public assistance previously received.1

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