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JEWISH MEMORIAL HOSPITAL v. COMMONWEALTH

416 Mass. 132 (1993)

617 N.E.2d 598

JEWISH MEMORIAL HOSPITAL & others vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 1993.

Attorney(s) appearing for the Case

Edward D. Kalman (Rochelle H. Zapol with him) for the plaintiffs.

Judith Fabricant, Assistant Attorney General (William L. Pardee, Assistant Attorney General, with her) for the Commonwealth & others.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

WILKINS, J.

The plaintiff hospitals appeal from a declaratory judgment entered on May 1, 1992, in the Superior Court, following the filing of cross-motions for partial summary judgment. That judgment upheld the lawfulness of certain regulations of the Department of Public Welfare (department) and the lawfulness of the department's 1990 request for proposals for the development of specialized facilities. We transferred the case from the Appeals Court on our own motion...

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