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EMS v. DEPARTMENT OF EDUCATION

931 A.2d 820 (2007)

EDUCATIONAL MANAGEMENT SERVICES, INC., Petitioner v. DEPARTMENT OF EDUCATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 24, 2007.

Attorney(s) appearing for the Case

Michael McAuliffe Miller, Harrisburg, for petitioner.

Robert M. Tomaine, Asst. Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Education Management Services, Inc. (EMS) petitions for review of an order of the Hearing Officer, which held that the Department of Education, Division of Food and Nutrition, Bureau of Fiscal Management (Department) properly disallowed EMS additional reimbursement in the 2005-2006 budget year for certain facilities and space costs, including mortgage interest, real estate taxes, repairs, and real estate insurance, listed as personal...

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