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DAIRY INVEST., INC. v. DEPT. OF GEN. SERV.

No. 1387 C.D. 1981.

67 Pa.Commw. 10 (1982)

Dairy Investments, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of General Services and Commonwealth of Pennsylvania, Board of Claims, Respondents.

Commonwealth Court of Pennsylvania.

June 2, 1982.

Attorney(s) appearing for the Case

Theodore Goldberg, with him James J. Flaherty, Baskin and Sears, for petitioner.

Gary F. Ankabrandt, Assistant Counsel, with him Anthony P. Krzywicki, Chief Counsel, Jay C. Waldman, General Counsel, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued May 5, 1982, before Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, June 2, 1982:

Dairy Investments, Inc. has appealed from an order of the Board of Claims sustaining the preliminary objection of the Commonwealth, Department of General Services to the Board's jurisdiction and dismissing Dairy's claim for rents allegedly due and unpaid by the Commonwealth.

The facts as alleged in Dairy's claim, filed February 6, 1981 are that Dairy as lessor and the Commonwealth as lessee entered into a written lease...

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