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DeMARCO v. DEPARTMENT OF HEALTH

No. 470 C.D. 1978.

40 Pa.Commw. 248 (1979)

Peter T. DeMarco, M.D., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

February 5, 1979.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, with him Nicholas Kozay, Jr., for appellant.

Arthur T. McDermott, with him Jennifer A. Stiller, for appellee.

James McGirr Kelly, for amicus curiae, S.O.S. Association, Inc.

Argued October 31, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, DISALLE and CRAIG. Judges BLATT and MacPHAIL did not participate.

OPINION BY JUDGE ROGERS, February 5, 1979:

Peter T. DeMarco, M.D. has filed a petition for review of an order of a hearing examiner appointed by the Secretary of Health which directed the destruction of Dr. DeMarco's supplies of a drug called Procaine-Polyvinylpyrrolidone (Procaine-PVP), which he had manufactured and which the Department of Health had embargoed, and which further directed Dr. DeMarco to cease administering or selling Procaine-PVP.

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