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POWERS ET AL. v. PA. DEPT. OF HEALTH ET AL.

No. 2353 C.D. 1987.

121 Pa.Commw. 321 (1988)

550 A.2d 857

Francis M. Powers, Jr., M. D. and Cancer Treatment Associates, P. C., a Pennsylvania Professional Corporation, Petitioners v. Commonwealth of Pennsylvania, Department of Health et al., Respondents.

Commonwealth Court of Pennsylvania.

November 25, 1988.

Attorney(s) appearing for the Case

Allen E. Ertel, with him, Pamela L. Shipman, Reed, Smith, Shaw & McClay, for petitioners.

Darius G. C. Moss, Assistant Counsel, for respondent, Department of Health.

H. Lee Roussel, with him, Alan R. Boynton, Jr., McNees, Wallace & Nurick, for respondent, Robert M. McNair, Jr.

Seymour J. Schafer, Markel, Schafer & Means, P.C., for respondents, North Central Health Services Corporation et al.

J. David Smith, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, for respondents, The Williamsport Hospital and Donald R. Creamer.

Argued April 21, 1988, before Judges DOYLE, BARRY and McGINLEY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, November 25, 1988:

Before us for our consideration are preliminary objections and, alternatively, motions to quash which were filed in response to a petition for review filed by Francis M. Powers, Jr., M.D. and Cancer Treatment Associates, P.C. (collectively Petitioners). Petitioners' petition contains three counts; the first is addressed to our original jurisdiction and seeks declaratory and injunctive relief; the second is addressed to our...

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