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PETTY v. HOSPITAL SERVICE ASS'N

No. 1346 C.D. 2008.

967 A.2d 439 (2009)

Robert PETTY and R.G. Petty Masonry, on behalf of themselves and all others similarly situated, Appellants v. HOSPITAL SERVICE ASSOCIATION OF NORTHEASTERN PENNSYLVANIA, d/b/a Blue Cross of Northeastern Pennsylvania, a non-profit Pennsylvania Corporation.

Commonwealth Court of Pennsylvania.

Decided February 19, 2009.

Attorney(s) appearing for the Case

William R. Caroselli, Pittsburgh, for appellants.

Patrick J. O'Connor, Philadelphia, for appellee, Blue Cross of Northeastern Pennsylvania.

James S. Gkonos, Philadelphia, for amicus curiae, Capital BlueCross, Inc.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge.

OPINION BY Judge PELLEGRINI.

Robert Petty and R.G. Petty Masonry, on behalf of themselves and all others similarly situated (collectively, Petty), appeal the order of the Court of Common Pleas of Lackawanna County (trial court) sustaining the Preliminary Objections of the Hospital Service Association of Northeastern Pennsylvania, d/b/a Blue Cross of Northeastern Pennsylvania (Northeastern Blue Cross) and dismissing Petty's Complaint with prejudice. For the reasons...

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