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MERCER COUNTY HOME AND HOSP. v. DPW

129 Pa.Commw. 409 (1989)

565 A.2d 1241

MERCER COUNTY HOME AND HOSPITAL, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 9, 1989.

Attorney(s) appearing for the Case

Gerald Gornish, with him, Jeffrey B. Schwartz, of counsel, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, for petitioner.

Bruce G. Baron, Asst. Counsel, for respondent.

Before DOYLE and McGINLEY, JJ., and BARBIERI, Senior Judge.

McGINLEY, Judge.

Mercer County Home and Hospital (Mercer) has applied, under Pa.R.A.P. 1532(b), for summary relief in favor of its petition for review of the decision of the Pennsylvania Department of Public Welfare (DPW). Pa.R.A.P. 1532(b) allows the Court to enter judgment on an application for summary relief if the right of the applicant thereto is clear.

Mercer seeks review of an order of the Secretary of Public Welfare which denied reimbursement of costs...

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