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COUNTY OF ALLEGHENY v. D.P.W.

No. 2194 C.D. 1978.

53 Pa.Commw. 318 (1980)

County of Allegheny, a political subdivision of the Commonwealth of Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. County of Dauphin et al., Intervening Party Petitioners.

Commonwealth Court of Pennsylvania.

July 31, 1980.

Attorney(s) appearing for the Case

Loraine S. Tabakin, with her James H. McLean, E.J. Strassburger, Assistant County Solicitors, and Alexander Jaffurs, County Solicitor, for petitioner.

Prince Altee Thomas, with him Joseph F. Strain, Deputy Attorney General, for respondent.

H. Reginald Belden, Jr., with him Robert L. Knupp, for intervening party petitioners.

Argued February 6, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, CRAIG and MacPHAIL. Judges ROGERS and WILLIAMS, JR. did not participate.

OPINION BY JUDGE CRUMLISH, JR., July 31, 1980:

The Department of Public Welfare's (DPW) rate setting procedures for care of criminally insane persons committed to Farview State Hospital is the subject of Allegheny County's (County)1 petition for declaratory relief. DPW has filed a battery of preliminary objections. We sustain DPW's preliminary objections and dismiss the County's petition for review because the relief the County seeks will...

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