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NEW JERSEY HOSP. ASS'N v. STATE DEPT. OF HEALTH

249 N.J. Super. 194 (1991)

592 A.2d 265

NEW JERSEY HOSPITAL ASSOCIATION, PLAINTIFF-APPELLANT, v. NEW JERSEY STATE DEPARTMENT OF HEALTH, FRANCES DUNSTON, M.D., M.P.H., COMMISSIONER OF THE DEPARTMENT OF HEALTH; HOSPITAL RATE SETTING COMMISSION; KATHLEEN BRENNAN, ACTING ADMINISTRATOR OF THE NEW JERSEY UNCOMPENSATED CARE TRUST FUND; IN HER OFFICIAL CAPACITY; AND THE NEW JERSEY UNCOMPENSATED CARE TRUST FUND, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1991.

Attorney(s) appearing for the Case

Frank R. Ciesla argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys; Frank R. Ciesla, of counsel; Elizabeth Dusaniwskyj, on the brief).

Michael J. Haas, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Michael J. Haas, Deputy Attorney General, on the brief).

Before Judges LONG, R.S. COHEN and STERN.

The opinion of the court was delivered by STERN, J.A.D.

Plaintiff New Jersey Hospital Association (hereinafter the "Association") filed a verified complaint in the Law Division seeking an order compelling payments out of the New Jersey Uncompensated Care Trust Fund to certain hospitals which previously received such funds pursuant to statute. The Association also sought an order restraining defendants from "utilizing...

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