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IN RE SEARCH OF OFFICES OF ACTION MENTAL HEALTH, INC.

No. GD 83-9786.

32 Pa. D. & C. 3d 612 (1983)

In Re: Search of Offices of Action Mental Health, Inc.

Common Pleas Court of Allegheny County, Pennsylvania.

August 3, 1983.

Attorney(s) appearing for the Case

Mark J. Homyak, for Action Mental Health, Inc.

Michael Ahwesh and Dara DeCoursey, for Commonwealth.

FINKELHOR, J., August 3, 1983.

This is an action in equity seeking to enjoin the examination by the district attorney of patient files seized under a valid search warrant from the offices of Action Mental Health, Inc. (Action) pursuant to a criminal investigation of alleged fraudulent billing practices. It is the position of petitioners that such records are statutorially and constitutionally protected and that the psychotherapist-patient privilege prohibits...

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