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HOSPITAL & HEALTHSYSTEM ASS'N OF PA v. DPW

888 A.2d 601 (2005)

The HOSPITAL & HEALTHSYSTEM ASSOCIATION OF PENNSYLVANIA, Crozer-Keyston Health System, Susquehanna Health System, and the Washington Hospital, Appellants v. The DEPARTMENT OF PUBLIC WELFARE, Commonwealth of Pennsylvania, and Feather O. Houstoun, In Her Capacity as Secretary of Public Welfare for the Commonwealth of Pennsylvania, Appellees.

Supreme Court of Pennsylvania.

Decided December 27, 2005.

Attorney(s) appearing for the Case

Lisa Whitcomb Clark, Katherine Marie Kelton, Lewis R. Olshin, David Edwin Loder, Philadelphia, for Hosp. & Healthsystem Ass'n of PA, et al, appellants.

Mark H. Gallant, Philadelphia, Linda J. Cohen, for Urban Healthcare Coalition of PA, appellant amicus curiae.

Doris M. Leisch, Philadelphia, Helene Eichenwald Loux, John A. Kane, Harrisburg, for Dept. of Public Welfare, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

This is a direct appeal from the Commonwealth Court's en banc Opinion and Order granting Appellees' preliminary objections and dismissing Appellants' Petition for Review in the Nature of a Complaint in Equity and Declaratory Judgment. Appellants' complaint sought to enjoin certain provisions of the General Appropriations Act of 20021 (2002 GAA) as violative of Article III, Section 11 of the...

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