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DEPT. OF PUB. WELFARE v. SCH. DIST. OF PHILA.

No. 2251 C.D. 1978.

49 Pa.Commw. 316 (1980)

Commonwealth of Pennsylvania, Department of Public Welfare, Petitioner v. School District of Philadelphia, Respondent.

Commonwealth Court of Pennsylvania.

February 13, 1980.

Attorney(s) appearing for the Case

David J. DeVries, Deputy Attorney General, with him James R. Adams, Chief Counsel, Paul Schilling, Deputy Attorney General, Norman T. Watson, Deputy Attorney General, and Gerald Gornish, Attorney General, for appellants.

Andrew M. Rosen, Assistant Counsel, with him Roberta Griffin Mason and Eugene F. Brazil, General Counsel, for respondents.

Argued November 13, 1979, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 13, 1980:

This is an appeal from an order of the Board of Arbitration of Claims (Board), now the Board of Claims, awarding a judgment of $464,076.75 in favor of the School District of Philadelphia (Claimant) and against the Pennsylvania Department of Public Welfare (DPW). We reverse.

Under date of April 1, 1970, Claimant and DPW entered into a contract under which...

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