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DAYSTROM, INC. v. BATT

390 Pa. 586 (1957)

Daystrom, Incorporated, Appellant, v. Batt.

Supreme Court of Pennsylvania.

November 18, 1957.

Attorney(s) appearing for the Case

William H. Wood, with him Leon D. Metzger and Hull, Leiby and Metzger, for appellant.

Morley W. Baker, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellees.

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

OPINION PER CURIAM, November 18, 1957:

The judgment of the court below sustaining defendants' preliminary objections is affirmed on the opinion of Judge RICHARDS: 10 Pa. D. & C. 2d 39.

DISSENTING OPINION BY MR. JUSTICE MUSMANNO:

The plaintiff in this case, Daystrom, Incorporated, made an overpayment to the Commonwealth of Pennsylvania in the amount of approximately $166,500. I see no reason why it should...

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