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DEPT. OF PUBLIC WELFARE v. ADAMS CO. ET AL.

No. 911 C.D. 1976.

30 Pa.Commw. 164 (1977)

Commonwealth of Pennsylvania, Department of Public Welfare, Plaintiff v. Adams County, Harry F. Biesecker, Ward D. Taylor, Kenneth E. Guise, Commissioners, Defendants.

Commonwealth Court of Pennsylvania.

May 13, 1977.

Attorney(s) appearing for the Case

Joseph M. Farrell, Assistant Attorney General, with him M. David Smeltz, Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

John R. White, with him H. Thomas Pyle, and Pyle and Phillips, for defendant.

Argued March 8, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 13, 1977:

To a complaint in assumpsit by the Department of Public Welfare (Department) against defendants Adams County and three named commissioners (County), the defendants have filed preliminary objections in the nature of a demurrer and a motion to strike.1 In disposing of the preliminary objections we accept as true all properly pleaded allegations of material fact contained in the pleading to...

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