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CANONSBURG G. HOSP. v. DEPT. OF HEALTH ET AL.

No. 2335 C.D. 1979.

51 Pa.Commw. 156 (1980)

Canonsburg General Hospital, Petitioner v. Commonwealth of Pennsylvania, Department of Health and Donald Reid, M.D., Acting Secretary of Health, Respondents.

Commonwealth Court of Pennsylvania.

May 6, 1980.

Attorney(s) appearing for the Case

John S. Hoff, with him Clara L. Mattern, Horty, Springer & Mattern, for petitioner.

Reed Hamilton, Chief Counsel, with him Stephen D. Thompkins, and D. Galton Cabot Moss, Assistant Attorneys General, for respondents.

Argued April 8, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE CRAIG, May 6, 1980:

Canonsburg General Hospital (hospital) presented a petition for review in the nature of an action in mandamus against the Pennsylvania Department of Health (department) and its acting secretary, addressed to our original jurisdiction, seeking a peremptory judgment to mandate that the department certify to the United States Department of Health, Education and Welfare (HEW) that the hospital's application for federal capital reimbursement...

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