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HOSPITAL ASSN. OF PA. ET AL. v. BACHMAN ET AL.

No. 716 C.D. 1978.

40 Pa.Commw. 262 (1979)

Hospital Association of Pennsylvania et al., Petitioners v. Leonard Bachman, M.D., Secretary of Health et al., Respondents.

Commonwealth Court of Pennsylvania.

February 5, 1979.

Attorney(s) appearing for the Case

James H. Stewart, Jr., with him Michael C. Fox, and Nauman, Smith, Shissler & Hall, for petitioners.

John G. Knorr, III, with him Jeffrey B. Schwartz, for respondent.

Argued December 6, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DISALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE WILKINSON, JR., February 5, 1979:

The petitioners would have us enjoin the Secretary and the Department of Health (Department) from implementing and enforcing its regulations concerning general and public hospitals as published in 7 Pa. B. 3631, December 10, 1977, effective June 10, 1978. We must decline to do so.

After a hearing on an application for a preliminary injunction, the enforcement...

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