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CHRUBY v. DEPARTMENT OF CORRECTIONS

4 A.3d 764 (2010)

Walter C. CHRUBY v. DEPARTMENT OF CORRECTIONS of the Commonwealth of Pennsylvania and Prison Health Services, Inc. Appeal of: Pennsylvania Department of Corrections. Walter C. Chruby v. Department of Corrections of the Commonwealth of Pennsylvania and Prison Health Services, Inc. Appeal of: Prison Health Services, Inc.

Commonwealth Court of Pennsylvania.

Decided August 19, 2010.

Attorney(s) appearing for the Case

William E. Fairall, Jr. , Deputy Chief Counsel and Suzanne N. Hueston , Chief Counsel, Camp Hill, for appellant, Department of Corrections.

L. Theodore Hoppe, Jr. , Kennett Square, for appellee, Walter A. Chruby . Kim Kocher, PA, for appellee, Prison Health Services, Inc.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

In these consolidated appeals, the Department of Corrections (DOC) and Prison Health Services, Inc. (PHS) ask whether the Court of Common Pleas of Delaware County (common pleas) erred in granting Walter C. Chruby's (Chruby) request for an ex parte preliminary injunction requiring DOC and PHS to transport Chruby to the University of Pittsburgh Medical Center (UPMC) — Shadyside for treatment of an acute condition related to his...

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