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COUNTY OF ALLEGHENY v. D. P. W. ET AL.

No. 987 C.D. 1975.

31 Pa.Commw. 379 (1977)

The County of Allegheny et al., Plaintiffs v. Department of Public Welfare of the Commonwealth of Pennsylvania et al., Defendants.

Commonwealth Court of Pennsylvania.

August 4, 1977.

Attorney(s) appearing for the Case

Alexander J. Jaffurs, County Solicitor, with him Robert S. Barker, Assistant County Solicitor, and Loraine S. Tabakin, Assistant County Solicitor, for plaintiff.

Margaret Hunting, Deputy Attorney General, with her Norman J. Watkins, Deputy Attorney General, Jack G. Handler, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

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

OPINION BY JUDGE KRAMER, August 4, 1977:

This is an action in mandamus commenced by the County of Allegheny and numerous associations and individuals (Plaintiffs) and which seeks an order compelling the Department of Public Welfare (Department) to reimburse the County for all expenditures made for the interim care of mentally retarded persons who have been accepted by, and are awaiting admission to, a State facility. The case is presently before us on the Plaintiffs...

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