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CITIZENS GEN. HOSP. v. DEPT. OF HEALTH ET AL.

No. 1382 C.D. 1980.

59 Pa.Commw. 549 (1981)

Citizens General Hospital of New Kensington, Pennsylvania, Petitioner v. Commonwealth of Pennsylvania, Department of Health and Arnold Mueller, J.D., Secretary of Health, Respondents.

Commonwealth Court of Pennsylvania.

June 9, 1981.

Attorney(s) appearing for the Case

Rod J. Pera, McNees, Wallace & Nurick, with him George W. Lamproplos, Cassidy & Lamproplos, for petitioner.

Ruth M. Siegel, with her Carolyn B. McClain, for respondents.

Argued December 10, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR. Judges MENCER and PALLADINO did not participate.

OPINION BY JUDGE CRAIG, June 9, 1981:

Directed to our original jurisdiction, Citizens General Hospital of New Kensington (hospital) has filed a petition for review in the nature of an action for a peremptory mandamus. Named as respondents are the Pennsylvania Department of Health (department) and its Secretary. The hospital seeks an order directing the department to issue a recommendation of approval as to a proposed capital project, so that the hospital can obtain...

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