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LUZ. CO. MED. SOC. v. DEPT. OF HEALTH ET AL.

No. 2014 C.D. 1980.

63 Pa.Commw. 567 (1981)

Luzerne County Medical Society, Petitioner v. Commonwealth of Pennsylvania, Department of Health et al., Respondents.

Commonwealth Court of Pennsylvania.

December 31, 1981.

Attorney(s) appearing for the Case

Ralph E. Kates, III, with him Brian P. Dempsey, Griffith, Aponick & Musto, and Rod J. Pera and H. Lee Roussel, McNees, Wallace & Nurick, for petitioners.

Julia E. Gabis, Assistant Counsel, with her Reed Hamilton, Chief Counsel, for respondent, Pennsylvania Department of Health.

Fred T. Magaziner, with him William H. Lowery, William A. Humenuk, and Kathryn Delanty Portner, Dechert, Price & Rhoads, for respondent, Geisinger Medical Center.

Argued September 15, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, CRAIG, MacPHAIL and PALLADINO.

OPINION BY JUDGE PALLADINO, December 31, 1981:

The Luzerne County Medical Society (Luzerne) has filed a petition for review, directed to our original jurisdiction, in the nature of an action in mandamus. Named as respondents are the Pennsylvania Department of Health (Department), the Secretary of the Department, Arnold Muller (Secretary), and the Geisinger Medical Center (Geisinger), the owner and operator of several health care facilities in Pennsylvania. In this...

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