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MADDUX v. DEPT. OF AGRICULTURE ET AL.

No. 18 T.D. 1977.

35 Pa.Commw. 386 (1978)

Philip L. Maddux, Plaintiff v. Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Animal Industry et al., Defendants.

Commonwealth Court of Pennsylvania.

May 22, 1978.

Attorney(s) appearing for the Case

Herbert K. Sudfeld, Jr., with him Power, Bowen & Valimont, for plaintiff.

John E. Childe, Jr., Chief Counsel, with him Robert P. Kane, Attorney General, for defendant.

Argued December 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 22, 1978:

Before us on preliminary objections is a complaint brought by Philip L. Maddux (Maddux) against the Pennsylvania Department of Agriculture, Bureau of Animal Industry (Bureau) and various Bureau employes seeking compensation for 7,000 unhatched eggs destroyed after having been exposed to a contagious disease.

Maddux, the owner and operator of a hatchery, filed his complaint in mandamus with the Court of Common Pleas of...

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