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PennDPW v. SCHOOL DIST. OF PHILA.

No. 1199 C.D. 1986.

107 Pa.Commw. 117 (1987)

527 A.2d 1094

Commonwealth of Pennsylvania, Department of Public Welfare, Petitioner v. School District of Philadelphia, Respondent.

Commonwealth Court of Pennsylvania.

June 25, 1987.

Attorney(s) appearing for the Case

Roger T. Margolis, Senior Attorney, with him, William D. Lenahan, for petitioner.

Patricia A. Donovan, Assistant General Counsel, with her, Andrew Rosen, for respondent.

Argued April 21, 1987, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., June 25, 1987:

The Department of Public Welfare (Department) appeals a Board of Claims (Board) order directing it to reimburse the School District of Philadelphia funds improperly retained pursuant to 1980-81 and 1981-82 public welfare contracts. We reverse.

The two contracts controlled the Commonwealth's contributions to the School District's Get Set Day Care Program. For both contract years, the Department deducted...

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