STANTON-NEGLEY v. DEPT. OF PUBLIC WELFARE


927 A.2d 671 (2007)

STANTON-NEGLEY DRUG COMPANY, t/d/b/a Stanton-Negley Legend Drug, Petitioner v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, a governmental entity; Estelle B. Richman, Secretary of Pennsylvania Department of Public Welfare, in her official capacity; Office of Medical Assistance Programs, a governmental entity; James L. Hardy, Acting Deputy Secretary of the Office of Medical Assistance Programs, in his official capacity; Office of Administration Contract Policy, Management and Procurement, a governmental entity; and Daniel R. Boyd, the Official-in-Charge of the Office of Administration, Contract Policy Management and Procurement, in his official capacity, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 25, 2007.

Publication Ordered June 22, 2007.


Attorney(s) appearing for the Case

Monte J. Rabner, Pittsburgh, for petitioner.

Doris M. Leisch, Philadelphia, for respondent, Department of Public Welfare.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, and KELLEY, Senior Judge.


OPINION BY Senior Judge KELLEY.

Presently before this Court for disposition are the Amended Preliminary Objections to Stanton-Negley Drug Company's (Stanton) Complaint for Injunctive and Declaratory Relief. The amended preliminary objections were filed by: the Pennsylvania Department of Public Welfare (DPW); Estelle B. Richman, Secretary of Pennsylvania Department of Public Welfare, in her official Capacity; the Office of...

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