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SMITH v. LINN

No. 1009 C.D. 1979.

51 Pa.Commw. 478 (1980)

David H. Smith, Individually and as the Administrator of the Estate of Patricia Smith, Deceased, Petitioner v. Robert Linn, D.O., et al., Respondents.

Commonwealth Court of Pennsylvania.

May 22, 1980.

Attorney(s) appearing for the Case

Mitchell S. Pinsly, with him, Thomas B. Rutter, for petitioner.

M. Kelly Tillery, with him, Paul J. Senesky of Galfand, Berger, Senesky, Lurie & March, and Robert F. Rossiter, of Obermayer, Rebmann, Maxwell & Hippel, for respondents.

Argued March 12, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG and WILLIAMS, JR. Judge MacPHAIL did not participate.

OPINION BY JUDGE BLATT, May 22, 1980:

The petitioner, David H. Smith, appeals from a decision of the Administrator for Arbitration Panels for Health Care (Administrator) sustaining the preliminary objections of the two respondents herein, Robert Linn, D.O., and Lyle-Stuart, Inc., and transferring the case to the Court of Common Pleas of Montgomery County.

The petitioner instituted the action before the Arbitration Panels for Health Care (Panels) pursuant to...

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