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PA PHARMACISTS ASS'N v. COM., DPW

733 A.2d 666 (1999)

PENNSYLVANIA PHARMACISTS ASSOCIATION, Bell Edge Pharmacy, Burns Pharmacy, Cambria Pharmacy # 3, Elwyn Pharmacy, Esterson Pharmacy, Hausmann's Pharmacy, Weldon Pharmacy, and other similarly situated Pharmacies, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 11, 1999.

Attorney(s) appearing for the Case

R. Christopher Raphaely, Philadelphia, for petitioners.

John A. Kane, Harrisburg, for respondent.

Before DOYLE, J., SMITH, J., and MIRARCHI, Jr., Senior Judge.

SMITH, Judge.

The Department of Public Welfare (DPW) has filed seven preliminary objections to a petition for review filed in this Court's original jurisdiction by Petitioners Pennsylvania Pharmacists Association (PPA) and seven individual pharmacies (Pharmacy Petitioners) seeking declaratory, equitable and mandamus relief (Petition for Review). The Petition for Review alleges that PPA is a Pennsylvania non-profit corporation...

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