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CITIZENS' AMBULANCE v. GATEWAY HEALTH PLAN

806 A.2d 443 (2002)

CITIZENS' AMBULANCE SERVICE INC., Appellant v. GATEWAY HEALTH PLAN, Appellee

Superior Court of Pennsylvania.

Filed August 29, 2002.

Attorney(s) appearing for the Case

Michael N. Vaporis, Indiana, for appellant.

David Walulik, Pittsburgh, for appellee.

Kathleen Grogan, Harrisburg, for Pa. Department of Public Welfare, amicus curiae.

Douglas M. Wolfberg, Mechanisburg, for Ambulance Association of Pa., amicus curiae.

David B. Chontos, Turtle Creek, for Ambulance Commission of the City of McKeeport, amicus curiae.

Before: LALLY-GREEN, TODD, and HESTER, JJ.

TODD, J.:

¶ 1 Citizens' Ambulance Service ("Citizens") appeals the trial court's September 21, 2001 Order sustaining the preliminary objections of Appellee Gateway Health Plan ("Gateway") on the basis that it lacked subject matter jurisdiction because Citizens had not exhausted its administrative remedies prior to filing suit in the Court of Common Pleas of Indiana County. Upon review, we reverse and remand.

¶ 2 Citizens is a not-for-profit corporation...

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