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MacLEOD v. DeMARCO

No. 587 C.D. 1979.

53 Pa.Commw. 1 (1980)

Commonwealth of Pennsylvania, Department of Health, by its Secretary, Gordon K. MacLeod, M.D., Plaintiff v. Peter T. DeMarco, M.D., Defendant. S.O.S. Association, Inc., Intervenor.

Commonwealth Court of Pennsylvania.

July 11, 1980.

Attorney(s) appearing for the Case

John G. Knorr, III, Deputy Attorney General, with him Arthur T. McDermott, Assistant Attorney General, Allen C. Warshaw, Deputy Attorney General, and Harvey Bartle, III, Acting Attorney General, for Plaintiff.

Harry Lore, with him Nicholas Kozay, Jr., and F. Emmett Fitzpatrick, for Defendant.

Joseph J. Carlin, for intervenor.

Argued June 2, 1980, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

PER CURIAM OPINION:

Defendant, Peter T. DeMarco, M.D. and intervenor S.O.S. Association, Inc. have filed exceptions to findings of fact, failure to make findings, conclusions and the decree nisi of the Chancellor, Judge ROGERS, entered January 31, 1980. The decree nisi order enjoined Dr. DeMarco from administering the drug Procaine-PVP to humans.

EXCEPTIONS TO FINDINGS

Both DeMarco and S.O.S. have excepted to finding of fact 12 as being unsupported...

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