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HBE LEASING CORP. v. NORTHEASTERN PA. HEALTH CORP.

Civ. No. 87-0950.

678 F.Supp. 493 (1988)

HBE LEASING CORPORATION, Plaintiff, v. NORTHEASTERN PENNSYLVANIA HEALTH CORPORATION, t/d/b/a Hazleton General Hospital, Defendant and Third Party Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Third Party Defendant.

United States District Court, M.D. Pennsylvania.

February 11, 1988.

Attorney(s) appearing for the Case

Anthony Stefanon, Stefanon & Lappas, Harrisburg, for plaintiff.

Daniel M. Mulholland, III, Paul A. Verardi, Horty, Springer & Mattern, P.C., Pittsburgh, Pa., Lawrence Klemow, Hazelton, Pa., Joseph Sabadish, Atty. Gen. Office, Harrisburg, Pa., for defendant.

MEMORANDUM AND ORDER

CONABOY, District Judge.

Presently before this Court is a motion to dismiss filed by the Commonwealth of Pennsylvania in the above-captioned matter. A brief in opposition was filed by the Defendant/Third Party Plaintiff, Northeastern Pennsylvania Health Corporation, and a reply brief was also received from the Commonwealth. For the reasons stated below, we shall grant the Commonwealth's motion to dismiss based on its

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