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CHILD. REHAB. CEN. ET AL. v. CO. OF ALLEG. ET AL.

No. 1603 C.D. 1977.

44 Pa.Commw. 172 (1979)

Children's Rehabilitation Center, Inc. and Children's Care Center, Inc., Plaintiffs v. County of Allegheny et al., Defendants.

Commonwealth Court of Pennsylvania.

July 10, 1979.

Attorney(s) appearing for the Case

Thomas B. Schmidt, III, with him Pepper, Hamilton & Scheetz, for plaintiffs.

Frank G. Verterano, with him James R. Miller; Dickie, McCamey & Chilcote; James A. Pruyne; William C. Costopoulos; Timothy F. Nicholson; Arnold C. Rapoport; William R. Bunt; Frank L. Tamulonis; Anthony J. Bonadio; John R. White; Alexander J. Jaffurs; James A. Esler, Loraine S. Tabakin; Cheryl A. Craig, for defendants.

Argued February 7, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, July 10, 1979:

By a multiple-count complaint in assumpsit, plaintiffs, Children's Rehabilitation Center, Inc. and Children's Care Center, Inc., seek money damages on a legal theory of implied contract from named counties or from the Commonwealth (Department of Public Welfare) for interim care afforded mentally retarded persons admitted to plaintiff institutions as residents of particular counties, said damages being measured by a...

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