Legal Opinion

Brog v. Commonwealth

Commonwealth Court of Pennsylvania

Decided May 23, 1979No. 2174 and 2175 C.D. 1977PublishedCited by 15 opinions

1Opinion of the Court

Opinion by

Judge Craig,

Plaintiffs, operators of pharmacies in Philadelphia filed a complaint in equity and a petition for declaratory judgment against the Department of Public Welfare (DPW) in this Court, invoking our original jurisdiction. The actions challenge the validity of Section 9413.61 of DPW’S Medical Assistance (MA) regulations, which provides a discount pass-through to pharmacies which do a large volume of medical assistance business.

The two actions were ordered by the court to be treated as petitions for review. They were then consolidated and DPW filed preliminary objections,…

2Cases cited5 opinions

  1. City of Philadelphia v. KennyCommonwealth Court of Pennsylvania · 1977
  2. Commonwealth v. Beck Electric Construction, Inc.Commonwealth Court of Pennsylvania · 1977
  3. Pye v. COMMONWEALTHCommonwealth Court of Pennsylvania · 1977
  4. Charleston Township Municipal Authority v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1977
  5. Delaware Valley Convalescent Center, Inc. v. BealCommonwealth Court of Pennsylvania · 1978

3Cited by15 opinions

  1. City of Des Moines v. Des Moines Police Bargaining Unit Ass'nSupreme Court of Iowa · 1985
  2. Maryland Casualty Co. v. Odyssey Contracting Corp.Superior Court of Pennsylvania · 2006
  3. Muir v. AlexanderCommonwealth Court of Pennsylvania · 2004
  4. Village Charter School v. Chester Upland School DistrictCommonwealth Court of Pennsylvania · 2002
  5. Brog Pharmacy v. CommonwealthCommonwealth Court of Pennsylvania · 1985

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