CO. OF ALLEGHENY v. PA. DEPT. OF PUB. WEL.

No. 987 C.D. 1975.

33 Pa.Commw. 267 (1978)

The County of Allegheny et al., Plaintiffs v. Commonwealth of Pennsylvania, Department of Public Welfare et al., Defendants.

Commonwealth Court of Pennsylvania.

January 9, 1978.


Attorney(s) appearing for the Case

Robert S. Barker, Assistant County Solicitor, and Loraine S. Tabakin, Assistant County Solicitor, with them, Alexander J. Jaffurs, County Solicitor, for plaintiffs.

Margaret Hunting, Deputy Attorney General, with her Norman J. Watkins, Deputy Attorney General, Jack G. Handler, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Robert P. Meehan, Deputy Counsel, with him Lester Eisenstadt, Deputy Auditor General, for Al Benedict.

Argued December 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT and DISALLE.


OPINION BY JUDGE WILKINSON, JR., January 9, 1978:

Section 507(a)(4) of the Mental Health and Mental Retardation Act of 19661 (Act) provides (with exceptions not relevant here) that the Commonwealth shall pay for the "[i]nterim care of mentally retarded persons, who have been removed from their homes and who, having been accepted, are awaiting admission to a State facility." Plaintiffs...

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