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KEMPF v. DEPT. OF PUBLIC WELFARE ET AL.

No. 2989 C.D. 1982.

80 Pa.Commw. 93 (1984)

Dolores Kempf, Executrix for the Estate of Henry G. Eiswerth, and in behalf of all others similarly situated, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare et al., Respondents.

Commonwealth Court of Pennsylvania.

January 31, 1984.

Attorney(s) appearing for the Case

Daniel K. Mathers, with him Dudley N. Anderson, for petitioner.

Bradford Dorrance, Assistant Counsel, with him Roger T. Margolis, Assistant Counsel, for respondents.

Argued November 16, 1983, before Judges ROGERS, BARRY and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 31, 1984:

The Secretary of Welfare and the Department of Public Welfare (DPW) have filed preliminary objections to a class action complaint in equity brought against them by the executrix of the estate of Henry G. Eiswerth, deceased, seeking restitution of medical assistance reimbursements received by the DPW from Pennsylvania decedents' estates and future restraint of DPW from obtaining or attempting to obtain reimbursement of medical...

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