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ALLEN v. COLAUTTI

No. 2386 C.D. 1977.

53 Pa.Commw. 392 (1980)

Clara Allen et al., Petitioners v. Aldo Colautti, Secretary of Public Welfare, Department of Public Welfare, Commonwealth of Pennsylvania et al., Respondents. Southeastern Pennsylvania Mental Health Association, Inc., Intervening Party Petitioner.

Commonwealth Court of Pennsylvania.

August 7, 1980.

Attorney(s) appearing for the Case

O. Randolph Bragg, with him Elias S. Cohen, for petitioners.

Allen C. Warshaw, Deputy Attorney General, Chief, Civil Litigation, with him Joseph L. McCann, Deputy Attorney General, and Harvey Bartle, III, Acting Attorney General, for respondents.

Mark Spiegel, for intervening party petitioner.

Argued June 4, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR. Judge MENCER did not participate.

OPINION BY JUDGE MacPHAIL, August 7, 1980:

This case comes before us pursuant to our original jurisdiction, Section 761(a)(1) of the Judicial Code, 42 Pa. C.S. § 761(a)(1), for determination of a motion for summary judgment filed by Petitioners. Petitioners in this action are two individuals1 who are residents or former residents of personal care homes2

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