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WILLIAMSPORT v. DEPT. OF AGRICULTURE et al.

1 Pa.Commw. 332 (1971)

City of Williamsport v. Commonwealth of Pennsylvania, Department of Agriculture, et al.

Commonwealth Court of Pennsylvania.

March 4, 1971.

Attorney(s) appearing for the Case

John P. Campana, City Solicitor, with him Ambrose R. Campana, Assistant City Solicitor, and Campana and Campana, for plaintiff.

Edgar R. Casper, Deputy Attorney General, with him Jane L. Worley, Assistant Attorney General, and Fred Speaker, Attorney General, for defendants.

Argued November 17, 1970, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).

OPINION BY JUDGE CRUMLISH, JR., March 4, 1971:

Before this Court is a Complaint in Mandamus brought by the City of Williamsport seeking to order the Department of Agriculture to enforce the General Food Law, Act of May 13, 1909, P.L. 520, 31 P.S. § 1 et seq., pursuant to its authority under Section 8 of that Act. To support its contention that there is a violation of the General Food Law, it is alleged that by fluoridating the public water supply the Williamsport...

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