TEMPLE UNIV. ET AL. v. D. OF PUB. WELFARE ET AL.

No. 1171 C.D. 1976.

47 Pa.Commw. 22 (1979)

Temple University — Of The Commonwealth System of Higher Education and The Hospital Association of Pennsylvania, on Behalf of Itself and Themselves and All Others Similarly Situated, Plaintiffs v. Pennsylvania Department of Public Welfare and Helen B. O'Bannon, Secretary, Pennsylvania Department of Public Welfare, Defendants.

Commonwealth Court of Pennsylvania.

October 26, 1979.


Attorney(s) appearing for the Case

James H. Stewart, Jr., with him Nauman, Smith, Shissler & Hall, Matthew M. Strickler, and Ballard, Spahr, Andrews & Ingersoll, for plaintiffs.

John A. Kane, Assistant Attorney General, for defendants.

Argued September 11, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges CRUMLISH, JR. and MENCER did not participate.


OPINION BY JUDGE BLATT, October 26, 1979:

Temple University and the Hospital Association of Pennsylvania (plaintiffs) initiated this equity action against the Department of Public Welfare (DPW) seeking to enjoin the implementation of certain DPW regulations. We have previously disposed of the DPW's preliminary objections, Temple University v. Department of Public Welfare, 30 Pa.Commw. 595, 374 A.2d 991 (1977) (Temple...

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