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COM. v. CT. OF COMMON PLEAS, PHILA. CTY.

506 Pa. 410 (1984)

485 A.2d 755

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Petitioner, v. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, Respondent.

Supreme Court of Pennsylvania.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Howard Ulan, Asst. Counsel, Dept. of Public Welfare, John O.J. Shellenberger, III, Allen C. Warshaw, Deputy Attys. Gen., Harrisburg, for petitioner.

Alfred J. DiBona, Jr., Rita S. Levine, Defender's Ass'n of Philadelphia County, Ilene W. Shane, Developmental Disabilities Law Project, Howland W. Abramson, Charles W. Johns, Paul J. Gelman, Philadelphia, for respondent.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

The Commonwealth, Department of Public Welfare (Department) has petitioned this Court for a writ of prohibition in order to preclude the Court of Common Pleas of Philadelphia from ruling on the propriety of the transfer of mentally retarded patients from one facility to another. The Commonwealth has further requested that this Court assume plenary jurisdiction of the underlying controversy...

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