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FISCHER v. DEPARTMENT OF PUB. WELFARE

497 Pa. 267 (1982)

439 A.2d 1172

Joanne FISCHER, et al., Appellees, v. DEPARTMENT OF PUBLIC WELFARE, et al., Appellants.

Supreme Court of Pennsylvania.

Decided January 29, 1982.

Attorney(s) appearing for the Case

Andrew S. Gordon, Allen C. Warshaw, Deputy Attys. Gen., LeRoy S. Zimmerman, Atty. Gen., for appellants.

Seth F. Kreimer, Philadelphia, for appellees.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION

NIX, Justice.

In this appeal we are being called upon to determine the propriety of a Commonwealth Court order (per MacPhail, J.) granting a preliminary injunction pending a resolution of the substantive issues presented to that court. The effect of the preliminary injunction is to preclude the implementation of Act 2391 until the constitutional challenges that have been raised...

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