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XUN IMAGING ASSOC. v. DEPT. OF HEALTH

165 Pa.Commw. 112 (1994)

644 A.2d 255

XUN IMAGING ASSOCIATES, LTD., and Xun Diagnostic Associates, Ltd., Petitioners, v. DEPARTMENT OF HEALTH, DIVISION OF NEED REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 16, 1994.

Attorney(s) appearing for the Case

David W. Thomas, for petitioners.

James T. Steele, Jr., for respondent.

Before CRAIG, President Judge, KELLEY, J., and RODGERS, Senior Judge.

KELLEY, Judge.

XUN Diagnostic Associates, Ltd. (XUN) appeals from the Pennsylvania Department of Health's, Division of Need Review, denial of XUN's petition to intervene and amended petition to intervene.

The facts of this case are as follows. On October 23, 1992, Rudolph L. Buck, M.D., sent a letter of intent to the Department of Health (Department), Division of Need Review, requesting a determination of non-reviewability on his proposal to establish a business...

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