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MILLARD ASSOCIATION v. DEPT. OF HEALTH

No. 258 C.D. 1980.

64 Pa.Commw. 208 (1982)

Mallard Associates, a Pennsylvania Limited Partnership, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

January 21, 1982.

Attorney(s) appearing for the Case

Jeffrey Cooper, with him Harold Cramer, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for petitioner.

Reed Hamilton, Chief Counsel, with him Carolyn B. McClain and Ruth M. Siegel, Assistant Counsels, for respondent.

Argued June 1, 1981, before President Judge CRUMLISH and Judges ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., January 21, 1982:

Mallard Associates filed a petition for review invoking both our original1 and appellate2 jurisdiction to review a negative recommendation by the Pennsylvania Department of Health (Department), as affirmed by a fair hearing examiner.3 Before the Court are the Department's preliminary objections to that portion of the petition...

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