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PA. OSTEOPATHIC MED. ASS'N v. FOSTER

134 Pa.Commw. 368 (1990)

579 A.2d 989

PENNSYLVANIA OSTEOPATHIC MEDICAL ASSOCIATION, Petitioner, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania and the Pennsylvania Insurance Guaranty Association; and Joseph Pulcini, Jr., Director, Medical Professional Liability Catastrophe Loss Fund, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 9, 1990.

Reargument and Clarification Denied September 7, 1990.

Attorney(s) appearing for the Case

Sherry E. Baskin, with her, G. David Rosenblum, Astor, Weiss & Newman, Philadelphia, for petitioner.

Joseph M. Hankins, Jenkintown, with him, James J. McCabe and Lise Luborsky, Duane, Morris & Heckscher, Philadelphia, for respondent, Pennsylvania Ins. Guar. Ass'n.

Peter J. Hoffman, with him, Marybeth S. Christiansen, McKissock & Hoffman, P.C., Philadelphia (Milan R. Mrkobrad, Chief Counsel, Medical Professional Liability Catastrophe Loss Fund, and Arthur Selikoff, Asst. Counsel, Ins. Dept., Harrisburg, of counsel), for respondents Foster and Pulcini.

Before DOYLE and COLINS, (P.), JJ., and BARRY, Senior Judge.

DOYLE, Judge.

Before us for disposition in our original jurisdiction are cross applications for summary relief. The instant case began when the Pennsylvania Osteopathic Medical Association (POMA) filed a petition for review in the nature of a complaint for a declaratory judgment. POMA has alleged that it is a non-profit corporation and an association representing approximately three thousand Pennsylvania osteopathic...

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