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PARKVIEW HOSP. ET AL. v. DEPT. OF PUB. WEL.

No. 2313 C.D. 1979.

56 Pa.Commw. 218 (1981)

Parkview Hospital and Tri-County Hospital, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

January 21, 1981.

Attorney(s) appearing for the Case

James H. Stewart, Jr., Nauman, Smith, Shissler & Hall, for petitioners.

Margaret Hunting, Deputy Attorney General, with her John A. Kane, Assistant Attorney General, Joel M. Ressler, Deputy Attorney General, and Harvey Bartle, III, Acting Attorney General, for respondents.

Argued December 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, WILLIAMS, JR. and PALLADINO. Judges BLATT and MacPHAIL did not participate.

OPINION BY JUDGE WILKINSON, JR., January 21, 1981:

By an Application for an Ex Parte Preliminary Injunction and by a Petition for Review, the Hospital Association of Pennsylvania (Association) and over 150 individual member hospitals brought an action in equity to enjoin the operation of a "nondiscrimination clause" contained in Paragraph B(11) of a November 1979 Inpatient Hospital Care Agreement (Agreement). The Agreement is a contract between the Department of Public...

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