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POWERS v. COM., DEPT. OF HEALTH

131 Pa.Commw. 469 (1990)

570 A.2d 1350

Francis M. POWERS, Jr., M.D., Cancer Treatment Associates, P.C., and Divine Providence Hospital of the Sisters of Christian Charity, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF HEALTH, Health Images Pennsylvania, Inc., the Williamsport Hospital, and Health Images, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided January 22, 1990.

Reargument Denied April 3, 1990.

Attorney(s) appearing for the Case

James J. Rodgers, with him, Charles E. Caniff, Jr., Christine S. Dutton, Steven A. Haber, and Deborah Finkle Mitchell, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, for petitioners.

Kenneth E. Brody, Asst. Counsel, Harrisburg, for respondent, Dept. of Health.

Ruth M. Siegel, Post & Schell, P.C., Harrisburg, for respondent Health Images, Inc. and Health Images Pennsylvania, Inc.

J. David Smith, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, Williamsport, for respondent, The Williamsport Hosp.

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

DOYLE, Judge.

This is an appeal by Francis M. Powers, Jr., M.D., Cancer Treatment Associates, and Divine Providence Hospital of the Sisters of Christian Charity (collectively Petitioners) from a determination of the Department of Health (Department) that the proposal of Health Images Pennsylvania, Inc. (Health Images)1 to establish a radiation therapy center at the Williamsport Hospital is not subject to the Certificate of Need (CON) procedures...

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