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COM., DEPT. OF HEALTH v. HANES

No. 379 M.D. 2013

78 A.3d 676 (2013)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF HEALTH, Petitioner v. D. Bruce HANES, in his capacity as the Clerk of the Orphans' Court of Montgomery County, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 12, 2013.

Attorney(s) appearing for the Case

Gregory E. Dunlap , Assistant Counsel, Harrisburg, for petitioner.

Raymond McGarry , County Solicitor, Norristown, for respondent.

Robert C. Heim , Philadelphia, for intervenors.

OPINION BY President Judge PELLEGRINI.

Before the Court is the Department of Health's (Department) Amended Application for Summary Relief pursuant to Pa. R.A.P. 1532(b)1 (Application) for peremptory judgment with respect to its Amended Petition for Review in the Nature of an Action in Mandamus (Petition). For the reasons that follow, we grant the Application and the mandamus relief sought in the...

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