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DEPT. OF PUBLIC WELFARE v. THOMAS

129 Pa.Commw. 528 (1989)

566 A.2d 365

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. R. Charles THOMAS, Esquire, Defendant.

Commonwealth Court of Pennsylvania.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, Pittsburgh, for plaintiff.

R. Charles Thomas, Bozic and Thomas, Meadville, pro se.

Before CRUMLISH, Jr., President Judge, and CRAIG, BARRY, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

PALLADINO, Judge.

In this original jurisdiction case the Department of Public Welfare (DPW) seeks to recover, by way of damages, medical assistance payments made by it on behalf of a client of the defendant R. Charles Thomas (Thomas). Presently before us for consideration are cross motions for summary judgment filed by DPW and Thomas.

Pa.R.C.P. No. 1035(b) provides that summary judgment may be granted only "if the pleadings, depositions, answers to interrogatories...

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