COOK ET AL. v. COMMONWEALTH ET AL.

No. 623 C.D. 1981.

61 Pa.Commw. 152 (1981)

Edward Cook, President, County Commissioners of Schuylkill County, Pa. et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

July 27, 1981.


Attorney(s) appearing for the Case

Richard Kirschner, with him Alaine S. Williams, Kirschner, Walters & Willig, for petitioners.

David H. Allshouse, Deputy Attorney General, with him Gregg H.S. Golden, Deputy Attorney General, Allen C. Warshaw, Chief, Civil Litigation, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued June 3, 1981, before President Judge CRUMLISH and Judges ROGERS, BLATT, MacPHAIL and PALLADINO.


OPINION BY JUDGE MacPHAIL, July 27, 1981:

Petitioners1 have filed a petition for review in the nature of a complaint in equity (hereinafter referred to as the complaint) pursuant to this Court's original jurisdiction as found in Section 761(a) of the Judicial Code, 42 Pa. C.S. § 761(a). The action seeks to prevent the Respondents2 from closing Locust Mountain State Hospital, a state general care hospital...

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