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CALESNICK v. PA. BD. OF FIN. & REV.

No. 720 C.D. 1987.

114 Pa.Commw. 292 (1988)

538 A.2d 989

Milton A. Calesnick and Eleanor J. Calesnick, Petitioners v. Commonwealth of Pennsylvania, Board of Finance and Revenue, Respondent.

Commonwealth Court of Pennsylvania.

March 9, 1988.

Attorney(s) appearing for the Case

Milton A. and Eleanor J. Calesnick, for themselves.

Bart J. Deluca, Jr., Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs October 16, 1987, to Judges MacPHAIL, BARRY, and Senior Judge NARICK, sitting as a panel of three.

PER CURIAM OPINION, March 9, 1988:

Cross-motions for summary judgment are before us for disposition in this equity action brought in our original jurisdiction.

Plaintiffs are Milton A. Calesnick and Eleanor J. Calesnick. They have brought suit against the Commonwealth of Pennsylvania, State Board of Finance and Revenue (Defendant), seeking to recover monies they allege were erroneously turned over...

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