SMOCK v. COMMONWEALTH ET AL.

No. 2277 C.D. 1979.

57 Pa.Commw. 67 (1981)

Philip Smock, t/a Quiet Acres Nursing Home, and Individually, Plaintiff v. Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Public Welfare, Defendants.

Commonwealth Court of Pennsylvania.

February 23, 1981.


Attorney(s) appearing for the Case

Kenneth D. Chestek, for plaintiff.

Bruce G. Baron, Assistant Attorney General, for defendants.

Argued September 11, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., February 23, 1981:

Philip Smock has filed in this Court an action at law directed to our original jurisdiction under Section 761(a)(1) of the Judicial Code, 42 Pa. C.S. § 761(a) (1). Plaintiff Smock has named as defendants the Commonwealth of Pennsylvania and the Department of Public Welfare (DPW), and claims for restitution and money damages. The defendants have filed preliminary objections which, inter alia, raise a question...

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