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BEN v. SCHWARTZ

556 Pa. 475 (1999)

729 A.2d 547

Ewa Marta BEN and Arthur T. Ben, Appellee, v. Burton SCHWARTZ, D.D.S. and Dr. Vincent DePancis, t/a Suburban Dental Care, Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs. Appeal of Burton Schwartz, D.D.S. Ewa Marta Ben and Arthur T. Ben, Appellee, v. Burton Schwartz, D.D.S. and Dr. Vincent DePancis, t/a Suburban Dental Care, Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs. Appeal of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs.

Supreme Court of Pennsylvania.

Decided April 21, 1999.

Attorney(s) appearing for the Case

Michelle T. Wirtner, Jeffrey D. Hutton, Philadelphia, for Burton Schwartz, D.D.S.

Paul A. Tufano, General Counsel, for Com. of Pa.

James A. Holzman, Bernadette Paul, Robert J. DeSousa, Gerard M. Mackarevich, Harrisburg, for St. Bureau of Professional and Occupational Affairs.

Richard L. Gerson, Philadelphia, for Ewa M. and Arthur T. Ben.

Anita Fulwiler O'Meara, for Dr. Vincent DePanicis, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

ZAPPALA, Justice.

The issue presented in these appeals is whether the order of the Montgomery County Common Pleas Court, compelling the Bureau of Professional and Occupational Affairs to produce its investigative file pertaining to complaints filed against a dentist, is appealable under the exception to the final order rule for collateral orders. We find that the order was appealable as a collateral order and remand for further proceedings...

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