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CASE v. PA. DEPT. OF AG.

No. 1024 C.D. 1987.

112 Pa.Commw. 256 (1987)

535 A.2d 284

Allan R. Case and Emma Case t/d/b/a Case Farm Hatchery, Petitioner v. Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Animal Industry, Max A. Van Buskirk, Jr., V.M.D. Director, Respondent.

Commonwealth Court of Pennsylvania.

December 31, 1987.

Attorney(s) appearing for the Case

Lewis H. Markowitz, Markowitz & Markowitz; Of Counsel: John W. Thompson, Jr., for petitioner.

Thomas B. York, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued November 19, 1987, before Judges CRAIG and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 31, 1987:

Allan R. and Emma Case, t/d/b/a Case Farm Hatchery, (Petitioners) filed a petition for review with this court asking that it be considered a complaint in the nature of a mandamus action against the Department of Agriculture in our original jurisdiction, or alternatively, as an appeal of a decision of the Department in our appellate jurisdiction. The Department has filed preliminary objections directed against the complaint...

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