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MCCLELLAN v. HEALTH MAINTENANCE ORGANIZATION

413 Pa.Super. 128 (1992)

604 A.2d 1053

Ronald M. McCLELLAN and Harold Shotel, Co-Executors of the Estate of Marilyn M. McClellan, Deceased, Appellants, v. HEALTH MAINTENANCE ORGANIZATION OF PENNSYLVANIA a/k/a HMO PA Foundation and United States Health-care of Pennsylvania, Inc. d/b/a HMO Pennsylvania, Appellees. Ronald M. McCLELLAN and Harold Shotel, Co-Executors of the Estate of Marilyn M. McClellan, Deceased, Appellants, v. Joseph A. HEMPSEY, D.O.

Superior Court of Pennsylvania.

Filed March 10, 1992.

Attorney(s) appearing for the Case

Brian D. Rosenthal, Philadelphia, for appellants.

David F. Simon, Blue Bell, for Health Maintenance & U.S. Healthcare, appellees.

Before ROWLEY, President Judge, and McEWEN and TAMILIA, JJ.

McEWEN, Judge:

This appeal has been taken from an order which sustained the preliminary objections in the nature of a demurrer filed by Health Maintenance Organization of Pennsylvania and United States Healthcare of Pennsylvania (hereinafter appellees) and dismissed the complaint against appellees with prejudice.1

Marilyn McClellan, appellants' decedent, a 39-year-old teacher employed by the School District of Philadelphia, was...

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