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MASLAND ET AL. v. BACHMAN ET AL.

No. 1674 C.D. 1975.

25 Pa.Commw. 435 (1976)

David S. Masland, M.D., H. Robert Davis, M.D., John J. Hanlon, M.D., and the Pennsylvania Medical Society, Plaintiffs v. Leonard Bachman, M.D., Secretary of Health of the Commonwealth of Pennsylvania, and the Department of Health of the Commonwealth of Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

July 9, 1976.

Attorney(s) appearing for the Case

Lewis S. Kunkel, Jr., with him Fred Speaker, Thomas B. Schmidt, III, and Pepper, Hamilton & Scheetz, for plaintiffs.

Jay Alexander Gold, Assistant Attorney General, with him Jennifer A. Stiller, Assistant Attorney General, Jeffrey B. Schwartz, Chief Counsel, and Robert P. Kane, Attorney General, for defendants.

Argued February 3, 1976, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE ROGERS, July 9, 1976:

The Analytical-Biochemical-Biological Laboratory Act, Act of September 26, 1951, P.L. 1539, as amended, 35 P.S. § 2151 et seq., subjected to State regulation by the Department of Health of:

"[a]ny place, establishment or institution organized and operated primarily for the performance of all or any bacteriological, biochemical, microscopical, serological, or parasitological tests by the practical application...

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