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TEMPLE UNIV. ET AL. v. PA. DEPT. OF P. W. ET AL.

Nos. 1171 and 1172 C.D. 1976.

30 Pa.Commw. 595 (1977)

Temple University of the Commonwealth System of Higher Education and the Hospital Association of Pennsylvania, on Behalf of Itself and Themselves and all Other Similarly Situated, Plaintiffs v. Pennsylvania Department of Public Welfare and Frank S. Beal, Secretary, Pennsylvania Department of Public Welfare, Defendants.

Commonwealth Court of Pennsylvania.

June 17, 1977.

Attorney(s) appearing for the Case

Spencer G. Hall, Jr., with him James H. Stewart, Jr.; Nauman, Smith, Shissler & Hall; Matthew M. Strickler; and Ballard, Spahr, Andrews & Ingersoll, for plaintiffs.

Robert E. Rains, Deputy Attorney General, with him Jeffrey G. Cooper, Deputy Attorney General, Jack G. Handler, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Argued March 9, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, June 17, 1977:

In Department of Public Welfare v. Temple University, 21 Pa.Commw. 162, 343 A.2d 701 (1975) (Temple 1), this Court held, inter alia, that the then existing regulations of the Department of Public Welfare (Department) contained in the Medical Assistance Manual (Manual) did not empower the Department to deny reimbursement to hospitals participating in the...

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