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CITY OF PHILADELPHIA v. PENNSYLVANIA

889 A.2d 664 (2005)

CITY OF PHILADELPHIA and Lance Haver, Acting Insurance Public Advocate, Petitioners, v. PENNSYLVANIA INSURANCE DEPARTMENT, Respondent. Jules Ciamaichelo and Robert Stevens, Inc., Lawrence Herman, D.C., Nachas, Inc. and Jason H. Herman, Robert Petty and R.G. Petty Masonry, Philadelphia Citizens for Children and Youth, Pennsylvania Alliance for Retired Americans, Consumer Health Coalition, Philadelphia Unemployment Project, Action Alliance of Senior Citizens of Greater Philadelphia, Mon Valley Unemployed Committee, Service Employees International Union, Pennsylvania State Council, PennPIRG Education Fund, PHILAPOSH, Philadelphia Welfare Rights Organization, Citizens for Consumer Justice, Women's Law Project, Schuylkill Alliance for Health Care Access and Jobs With Justice, Petitioners v. Pennsylvania Insurance Department, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 29, 2005.

Attorney(s) appearing for the Case

Andrew S. Ross, Philadelphia, for petitioners, City of Philadelphia and Lance Haver, Acting Insurance Public Advocate.

Steven B. Davis and Sandra L. Ykema, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, PELLEGRINI, Judge (P.), and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Before this Court are two consolidated appeals from an order of the Commonwealth's Insurance Commissioner, M. Diane Koken, approving in part Applications for Approval of Reserves and Surpluses of over $4 billion by Capital Blue Cross,1 Highmark, Inc.,2 Hospital Service Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern...

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