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BROOKS ET AL. v. PA., DEPT. OF AGR. ET AL.

No. 417 C.D. 1986.

105 Pa.Commw. 196 (1987)

523 A.2d 845

Charles W. Brooks and Jo-Anne Brooks, Petitioners v. Commonwealth of Pennsylvania, Department of Agriculture and Richard E. Grubbs, in his capacity as Secretary of Agriculture, Respondents.

Commonwealth Court of Pennsylvania.

Argued November 21, 1986.

Attorney(s) appearing for the Case

G. David Pauline, Bricker and Pauline, for petitioners.

Gregory R. Neuhauser, Senior Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, April 7, 1987:

Charles and Jo-Anne Brooks (Petitioners) have filed suit in this Court's original jurisdiction to recover $64,806 they claim is due them for the loss they sustained on the sale of 52,300 chickens infected with Avian Influenza. The Department of Agriculture (Department) has filed preliminary objections which are now before us for disposition.1

This suit has a somewhat complicated procedural...

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