PENNSYLVANIA INST. HEALTH SERV. v. COM.


168 Pa.Commw. 135 (1994)

649 A.2d 190

PENNSYLVANIA INSTITUTIONAL HEALTH SERVICES INC.; Carl A. Hoffman; John Lesniewski; Edward Russek; Paul F. Phillips; Robert Davis; and Dana Powell, Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS; Laurence J. Reid, as Executive Deputy Commissioner, Department of Corrections, Michael H. Hershock, Secretary of the Budget, and David L. Jannetta, Secretary of General Services, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 20, 1994.

Reargument Denied November 18, 1994.


Attorney(s) appearing for the Case

Joshua D. Lock and Lee C. Swartz, for petitioners.

Joseph R. Thomas, for respondents.

Before SMITH and PELLEGRINI, JJ., and KELTON, Senior Judge.


KELTON, Senior Judge.

In this equity action addressed to our original jurisdiction, we are asked to decide whether, prior to an administrative hearing, we should (1) declare that a management directive of the Secretaries of Budget and General Services is unconstitutional on its face because of violation of due process principles set forth in Lyness v. State Board of Medicine, 529 Pa....

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