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BROG ET AL. v. DEPT. OF PUBLIC WELFARE ET AL.

No. 2174 and 2175 C.D. 1977.

43 Pa.Commw. 27 (1979)

Samuel D. Brog, t/a Brog Pharmacy et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare and Frank S. Beal, Secretary of Public Welfare, Respondents.

Commonwealth Court of Pennsylvania.

May 23, 1979.

Attorney(s) appearing for the Case

Gerald F. Tietz, with him Robert G. Bauer, and Abraham, Pressman, Tietz & Seidman, for plaintiffs.

Robert E. Kelly, Deputy Attorney General, with him Norman J. Watkins, Deputy Attorney General, and J. Justin Blewitt, Acting Attorney General, for respondents.

Argued February 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and CRAIG. Judges MENCER and MacPHAIL did not participate.

OPINION BY JUDGE CRAIG, May 23, 1979:

Plaintiffs, operators of pharmacies in Philadelphia filed a complaint in equity and a petition for declaratory judgment against the Department of Public Welfare (DPW) in this Court, invoking our original jurisdiction. The actions challenge the validity of Section 9413.61 of DPW'S Medical Assistance (MA) regulations, which provides a discount pass-through to pharmacies which do a large volume of medical assistance business.

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