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MEDICAL SHOPPE, LTD. v. WAYNE MEMORIAL HOSP.

866 A.2d 455 (2005)

The MEDICAL SHOPPE, LTD., d/b/a Northeast Med-Equip and d/b/a Stephens Pharmacy, Appellant, v. WAYNE MEMORIAL HOSPITAL, Wayne Memorial Health System, Inc., and Wayne Memorial Hospital Foundation, Inc.

Commonwealth Court of Pennsylvania.

Decided January 7, 2005.

Attorney(s) appearing for the Case

Geff Blake, Scranton, for appellant.

Donald E. Wieand, Jr., Lehigh Valley, for appellee.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The Medical Shoppe, Ltd., d/b/a Northeast Med-Equip and d/b/a Stephens Pharmacy (Stephens Pharmacy) appeals an order of the Court of Common Pleas of Wayne County (trial court) denying its request to enjoin the operations of a competing pharmacy pursuant to the Institutions of Purely Public Charity Act, Act of November 26, 1997, P.L. 508, 10 P.S. §§ 371-385 (Act 55). Stephens Pharmacy asserted that the Waymart Pharmacy, affiliated...

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