MARSH v. FINLEY


160 N.J. Super. 193 (1978)

389 A.2d 490

ALBERT P. MARSH, M.D. AND MARSH RADIOLOGY PROFESSIONAL ASSOCIATION, APPELLANTS, AND THE MEDICAL SOCIETY OF NEW JERSEY, INTERVENOR, v. JOANNE E. FINLEY, MD., M.P.H., COMMISSIONER OF HEALTH OF THE STATE OF NEW JERSEY, RESPONDENT, AND STANLEY C. VAN NESS, PUBLIC ADVOCATE, STATE OF NEW JERSEY, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1978.


Attorney(s) appearing for the Case

Mr. Burton L. Eichler argued the cause for appellants and intervenor The Medical Society of New Jersey (Messrs. Brach, Eichler, Rosenberg & Silver, attorneys; Messrs. Eichler and Barry H. Ostrowsky on the briefs).

Before Judges LYNCH, BISCHOFF and KOLE.


PER CURIAM.

Plaintiff Albert P. Marsh, a licensed physician specializing in radiology and conducting his business under the name of Marsh Radiology Professional Association (both hereafter called "plaintiff"), appeals from a ruling of defendant Joanne E. Finley, M.D., Commissioner of Health of New Jersey, which determined that plaintiff's impending purchase of Computerized Axial Tomography (C.A.T.) equipment for his private office constituted "the operation of a health...

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