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PENNHURST MED. GROUP v. DEPT. OF PUBLIC WELFARE

796 A.2d 423 (2002)

PENNHURST MEDICAL GROUP, P.C., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Michael Stauffer, Deputy Secretary for Administration and Kevin T. Gallagher, individually and d/b/a Americare Services, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 18, 2002.

Attorney(s) appearing for the Case

Julia E. Gabis, Conshohocken, for petitioner.

Sallie A. Rodgers, Harrisburg, for respondent, Dept. of Public Welfare.

David R. Dearden, Wayne, for respondents.

Before SMITH-RIBNER, J., FRIEDMAN, J., and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Before this Court are preliminary objections filed by the Department of Public Welfare and Michael Stauffer, Deputy Secretary of Administration, (collectively, DPW) and Kevin Gallagher, individually and d/b/a Americare Services (Gallagher) to Pennhurst Medical Group, P.C.'s (Pennhurst) amended petition for review in this Court's original jurisdiction.

The facts of this case are as follows. DPW issued a detailed bid specification...

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