B. OF L. S. v. P. MASTRIPPOLITO & SONS

No. 1249 C.D. 1980.

75 Pa.Commw. 431 (1983)

Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards, Petitioner v. P. Mastrippolito and Sons, Inc., Respondents.

Commonwealth Court of Pennsylvania.

July 8, 1983.


Attorney(s) appearing for the Case

Mary Ellen Krober, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, Chief of Civil Litigation, and LeRoy S. Zimmerman, Attorney General, for petitioner.

Eugene A. Steger, Jr., Steger & Howell, Ltd., for respondent.

Argued December 13, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., July 8, 1983:

Before us are preliminary objections of the Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards (Commonwealth) to a counterclaim by P. Mastrippolito and Sons, Inc. (employer), to the Commonwealth's declaratory judgment action1 against respondent, a mushroom grower, seeking a judicial declaration...

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