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COM. ex rel. McLAUGHLIN v. ERIE COUNTY

375 Pa. 344 (1953)

Commonwealth ex rel. McLaughlin, Appellant, v. Erie County.

Supreme Court of Pennsylvania.

November 24, 1953.

Attorney(s) appearing for the Case

Maurice J. Coughlin, Assistant City Solicitor, with him Gerald J. Weber, City Solicitor, for appellant.

J.B. Held, County Solicitor, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE CHIDSEY, November 24, 1953:

This is an appeal from an order of the court below sustaining a preliminary objection in the nature of a demurrer interposed by the defendants, in a proceeding in mandamus to compel the County of Erie to allocate a portion of the monies received by it from the Commonwealth of Pennsylvania Liquid Fuels Tax Fund to the City of Erie for the years 1945 through 1952 inclusive....

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