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DEPT. OF PUBLIC ASSIST. v. SHARAGO

381 Pa. 74 (1955)

Department of Public Assistance of the Commonwealth of Pennsylvania v. Sharago, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

Edward F. Muller, Jr., with him Guy W. Davis, for appellants.

Jacob L. Aaron, Special Deputy Attorney General, with him Samuel M. Tollen, M. Louise Rutherford, Deputy Attorney General and Frank F. Truscott, Attorney General, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, March 14, 1955:

The Commonwealth of Pennsylvania seeks in this case, through the Department of Public Assistance, to collect from Mrs. Sallie Sharago, a 72-year-old widow, $1,181.74 which admittedly she never received, never contracted to pay, and benefits from which never entered her sphere of enjoyment. For the State to impose such a palpable injustice requires specific authority in law which cannot be found in all the books of Pennsylvania...

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