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ALEXANDER v. DEPT. OF PUBLIC WELFARE

137 Pa.Commw. 342 (1991)

586 A.2d 475

Linda Marie ALEXANDER and Francis and Mary Alexander, parents and guardians of Linda Marie Alexander, and Francis and Mary Alexander, individually, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE and Altoona Center a/k/a Altoona Center School and Hospital, Appellees.

Commonwealth Court of Pennsylvania.

Decided January 24, 1991.

Petition for Allowance of Appeal Denied June 20, 1991.

Attorney(s) appearing for the Case

Harry Lore, with him, Marvin I. Barish, Philadelphia, for appellants.

J. Elise Tourek, Deputy Atty. Gen., with her, Mark E. Garber, Chief of Tort Litigation Unit, and Ernest D. Preate, Jr., Atty. Gen., Pittsburgh, for appellees.

Before CRAIG, President Judge, SMITH, J., and SILVESTRI, Senior Judge.

CRAIG, President Judge.

Linda Alexander (patient) and her parents, Francis and Mary Alexander, appeal an order by Judge Kopriva of the Court of Common Pleas of Blair County granting a motion for judgment on the pleadings in favor of the Department of Public Welfare (DPW) and the Altoona Center School and Hospital (ACSH) (collectively referred to as the Commonwealth) and dismissing the Alexanders' motion for summary judgment.

On the evening of April 20, 1985...

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