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APPEAL OF COM. OF PA. ET AL.

No. 472 Misc. Docket #4.

125 Pa.Commw. 271 (1989)

557 A.2d 822

Emil Goryeb, Executor of The Estate of Greg Goryeb. Clarks Summit State Hospital et al. Thomas Nice, III et al. Commonwealth of Pennsylvania, Department of Public Welfare, Clarks Summit State Hospital and Yao C. Wang, M.D., Appellants.

Commonwealth Court of Pennsylvania.

April 20, 1989.

Attorney(s) appearing for the Case

Mark E. Garber, Chief Deputy Attorney General, for petitioners.

Anthony C. Falvello, with him, Joseph A. Quinn, Jr., Hourigan, Kluger, Spohrer & Quinn, P.C., for respondent, Emil Goryeb, Executor.

Joseph P. Giovannini, Jr., Winkler, Danoff and Lubin, for respondent, Marie Collins.

Argued March 6, 1989, before Judges CRAIG and COLINS (P.), and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, April 20, 1989:

The Commonwealth of Pennsylvania, Department of Public Welfare, Clarks Summit State Hospital, and Yao C. Wang, M.D. (appellants) petitioned for permission to appeal an order of the Court of Common Pleas of Luzerne County which denied appellants' motion for summary judgment. We granted permission pursuant to Pa. R.A.P. 1311 on October 13, 1988. The order of the trial...

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