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ALLEGHENY CO. POLICE FUND v. CASEY

No. 227 C.D. 1975.

26 Pa.Commw. 175 (1976)

Allegheny County Police Pension Fund, a Corporation, Plaintiff v. Robert P. Casey, Auditor General of the Commonwealth of Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

August 20, 1976.

Attorney(s) appearing for the Case

James L. Weisman, with him Weisman, Passafiume, Swartz and Trimm, for plaintiff.

Frank A. Woelfling, Deputy Counsel, with him Frank P. Lawley, Jr., Chief Counsel, for defendant.

Argued February 2, 1976, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR., did not participate.

OPINION BY JUDGE KRAMER, August 20, 1976:

This case is within the Court's original jurisdiction and comes before us on the plaintiff's motion for judgment on the pleadings. The plaintiff, Allegheny County Police Pension Fund, seeks a writ of mandamus compelling the defendant Auditor General to release to the Fund $211,802.01 representing the Fund's allocation of taxes on foreign casualty insurance companies collected for 1975 pursuant to Article IX of the Tax Reform...

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