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PA INST. HEALTH v. COM., DEPT. OF CORR.

167 Pa.Commw. 226 (1994)

647 A.2d 692

PENNSYLVANIA INSTITUTIONAL HEALTH SERVICES, INC., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS.

Commonwealth Court of Pennsylvania.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Joshua D. Lock, for appellant.

William T. Fairall, Jr., for appellee.

Before COLINS, SMITH and PELLEGRINI, JJ.

SMITH, Judge.

Pennsylvania Institutional Health Services, Inc. (PIHS) appeals from the December 3, 1993 order of the Board of Claims (Board) refusing to enter default judgment against the Department of Corrections (Department). The issue raised in this interlocutory appeal is whether PIHS waived its right to entry of default judgment by filing an answer to the Department's new matter and counterclaim to PIHS' claim when PIHS had been compelled by the Board to file...

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