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BROG PHARM. ET AL. v. DEPT. OF PUB. WEL.

No. 399 C.D. 1983.

87 Pa.Commw. 181 (1985)

Brog Pharmacy et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

January 25, 1985.

Attorney(s) appearing for the Case

Robert G. Bauer, with him, Jane Combrinck-Graham and William Hildenbrand, Abraham, Pressman & Bauer, P.C., for petitioners.

Gwendolyn T. Mosley, Deputy Attorney General, with her, Allen C. Warshaw, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued September 13, 1984, before Judges MacPHAIL, COLINS and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 25, 1985:

The petitioners are pharmacies providing prescription services to Medical Assistance Program recipients pursuant to agreements with the Department of Public Welfare (Department). They appeal here an order of the Secretary of the Department which dismissed as untimely a number of reimbursement appeals and remanded the remaining appeals to the Hearing Examiner for recalculation...

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