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PENNSYLVANIA MED. PROVIDERS v. FOSTER

136 Pa.Commw. 232 (1990)

582 A.2d 888

PENNSYLVANIA MEDICAL PROVIDERS ASSOCIATION, Pennsylvania Osteopathic Medical Association, Arnold Sadwin, M.D., Jack A. Danton, D.O., Paul Sedacca, M.D., and Jenkintown Orth-Medics, Inc., Petitioners, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania, and Ernest D. Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 19, 1990.

Attorney(s) appearing for the Case

Leonard Dubin, with him, Lawerence J. Beaser, George J. Krueger, Ann B. Laupheimer, and Howard A. Burde, Blank, Rome, Comisky & McCauley, Philadelphia, for petitioners.

Michael J. McCaney, Jr., Gordon, McCaney and Gordon, Philadelphia, for intervenors-petitioners, Pennsylvania Chiropractic Soc. and Mario A. Spoto, D.C.

Gregory P. Miller, Sp. Counsel, Philadelphia, with him, Linda J. Wells, Chief Counsel, Victoria A. Reider, Deputy Chief Counsel, Richard J. Enterline and Terrance A. Keating, Asst. Counsel, Harrisburg, for respondent, Constance B. Foster, Insur. Com. of the Com. of Pa.

Sandra W. Stoner, Deputy Atty. Gen., with her, John G. Knorr, III, Chief Deputy Atty. Gen., Chief of Litigation Section, and Ernest D. Preate, Jr., Atty. Gen., Harrisburg, for respondent, Ernest D. Preate, Jr., Atty. Gen. of the Com. of Pa.

Ilene W. Shane, Disabilities Law Project, Philadelphia, for amicus curiae, United Cerebral Palsy of Pennsylvania and Families United Seeking Excellence.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

COLINS, Judge.

Before this Court are preliminary objections of respondent, Constance B. Foster, Insurance Commissioner of the Commonwealth of Pennsylvania, to the Petition for Review, filed March 5, 1990, by petitioners, Pennsylvania Medical Providers Association, Pennsylvania Osteopathic Medical Association, Arnold Sadwin, M.D., Jack A. Danton, D.O., Paul Sedacca, M.D. and Jenkintown Orth-Medics, Inc. Petitioners seek to enjoin enforcement of Section 18 of the Act...

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