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PA. HEAR. AID D. A., INC. v. D. OF HEALTH

No. 2810 C.D. 1978.

53 Pa.Commw. 495 (1980)

Pennsylvania Hearing Aid Dealers Association, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Department of Health et al., Respondents.

Commonwealth Court of Pennsylvania.

August 18, 1980.

Attorney(s) appearing for the Case

James L. Walsh, Melman, Gekas, Nicholas and Lieberman, for petitioners.

Reed Hamilton, Chief Counsel, with him Christine Dutton, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued June 2, 1980, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, August 18, 1980:

The Pennsylvania Hearing Aid Dealers Association, Inc., and three hearing aid fitters (plaintiffs) filed this petition for review in the nature of mandamus, praying this Court to command the Department of Health and the Secretary of Health (Department) to require all physicians and audiologists engaged directly or indirectly in the sale of hearing aids to take and pass an examination as a precondition to selling hearing aids...

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