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CALLSEN v. TEMPLE UNIVERSITY HOSP.

539 Pa. 377 (1995)

652 A.2d 824

Linda CALLSEN (Seeley), Individually and as Administratrix of the Estate of Elizabeth Callsen, Deceased, and on Behalf of Frank Callsen and Michael Callsen v. TEMPLE UNIVERSITY HOSPITAL, Cheltenham York Nursing Home, Herbert Secoular, D.O., Raymond Hancock, Hancock Funeral Home, Ltd., Humanity Gifts Registry, Alan Koff, D.O., Marvin Schatz, D.O., Albert Einstein Medical Center, Amy Fitzsimmons, M.D., and Annette Petrie, R.N. Appeal of HUMANITY GIFTS REGISTRY. Cross Appeal of TEMPLE UNIVERSITY HOSPITAL.

Supreme Court of Pennsylvania.

Decided January 18, 1995.

Attorney(s) appearing for the Case

George F. Bihn, III, Erdenheim, Ernest D. Preate, Jr., Harrisburg, for Humanity Gifts Registry.

Richard E. Geschke, Linda A. Carpenter, Philadelphia, for Temple University Hosp.

Jamie L. Sheller, George J. Badey, III, Philadelphia, for Callsens.

Dennis L. Platt, Philadelphia, for Cheltenham York Nursing Home.

Susan Zemble Rees, Daniel F. Ryan, III, Plymouth Meeting, for H. Secoular.

Cy Goldberg, Amy L. Currier, Philadelphia, for Einstein Medical Center, Fitzsimmons, M.D. & Petrie, R.N.

Jonathan Kirk Miller, Philadelphia, for Burden, M.D. & St. Joseph Hosp.

Jane H. Ring, for Koff, D.O. & Schatz, D.O.

Eugene P. Feeney, George L. Young, Jr., Philadelphia, for Chase, M.D.

Michael P. McKenna, Wynnewood, for Hancock Funeral Home & R. Hancock.

Before FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

ORDER

PER CURIAM:

Appeals dismissed as having been improvidently granted.

NIX, C.J., did not participate in the consideration or decision of this case.

MONTEMURO, Senior Justice, who is sitting by designation, files a dissenting statement in which CAPPY, J., joins.

MONTEMURO, Justice, dissenting.

The majority today chooses to let stand a decision of the Commonwealth Court which is clearly at odds with the system

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