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CTY. OF ALLEGHENY v. DEPT. OF PUB. WEL.

486 Pa. 144 (1979)

404 A.2d 671

The COUNTY OF ALLEGHENY, a political subdivision of the Commonwealth of Pennsylvania, Appellants, v. DEPARTMENT OF PUBLIC WELFARE of the Commonwealth of Pennsylvania, Frank S. Beal, as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, Al Benedict, as Auditor General of the Commonwealth of Pennsylvania, and Robert E. Casey, as State Treasurer of the Commonwealth of Pennsylvania, Appellees.

Supreme Court of Pennsylvania.

Decided July 5, 1979.

Reargument Denied August 27, 1979.

Attorney(s) appearing for the Case

Alexander J. Jaffurs, County Sol., Robert S. Barker, Loraine S. Tabakin, Asst. Co. Sol., Pittsburgh, for appellant.

Margaret Hunting, Deputy Atty. Gen., Harrisburg, for appellees.

Marc H. Myers, Asst. City Sol. for City of Philadelphia, Philadelphia, for amicus curiae.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

PER CURIAM.

Judgment affirmed.

LARSEN, J., filed a dissenting opinion.

LARSEN, Justice, dissenting.

I dissent. The sections of the Mental Health and Mental Retardation Act of 1966 cited in the majority opinion (i.e., sections 301, 503, 508, 509) as supporting the state's argument that the state and the county are to share the expenses incurred for interim care are, at...

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