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OPELIKA NURSING HOME, INC. v. RICHARDSON

No. 71-1296.

448 F.2d 658 (1971)

OPELIKA NURSING HOME, INC., et al., Plaintiffs-Appellants, v. Elliott L. RICHARDSON, Secretary of the United States Department of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 1971.

Attorney(s) appearing for the Case

Alvin T. Prestwood, Montgomery, Ala., for plaintiffs-appellants; Volz, Capouano, Wampold & Prestwood, Montgomery, Ala., of counsel.

Michael Goldman, Dept. of Justice, Washington, D. C., Ira DeMent, U. S. Atty., William J. Baxley, Atty. Gen. of Ala., Montgomery, Ala., John N. Mitchell, Atty. Gen. of U. S., Judith S. Seplowitz, Atty., Dept. of Justice, Washington, D. C., Herman H. Hamilton, Jr., Sp. Asst. Atty. Gen., Montgomery, Ala., John M. Broeker, Minneapolis, Minn., Alan S. Rosenthal, Alexander P. Humphrey, Dept. of Justice, Civil Div., Appellant Section, L. Patrick Gray, III, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for defendants-appellees; Capell, Howard, Knabe & Cobbs, P. A., Montgomery, Ala., of counsel.

Before COLEMAN, GOLDBERG, and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

In this case the trial court, on the basis of the barebone pleadings, denied plaintiffs access to a federal forum, 323 F.Supp. 1206. Recognizing that jurisdictional facts are the very marrow of federal litigation, we remand for a fleshing out of the bones.

I.

By means of Title XIX of the Social Security Act of 1965, 42 U.S.C.A. § 1396 et. seq., Congress established a federal program...

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