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AQUAVELLA v. RICHARDSON

No. 188, Docket 34247.

437 F.2d 397 (1971)

James V. AQUAVELLA and Salmon Harvey, partners, doing business as Glen Oaks Nursing Home, and Arista Development Corporation, Plaintiffs-Appellants, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, the United States of America, and Aetna Life and Casualty Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Michael T. Tomaino, Rochester, N. Y. (Nixon, Hargrave, Devans & Doyle, Donald R. Adair, Rochester, N. Y., on the brief), for plaintiff-appellant Aquavella.

Robert M. Feinson, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., H. Kenneth Schroeder, Jr., U. S. Atty., W. D. N. Y., Morton Hollander, Atty., Dept. of Justice, on the brief), for appellees.

Before SMITH and FEINBERG, Circuit Judges, and LEVET, District Judge.

FEINBERG, Circuit Judge:

Plaintiffs Dr. James V. Aquavella and Dr. Salmon Harvey instituted this action after defendant Secretary of Health, Education and Welfare (HEW) suspended payments under the Medicare Act to Glen Oaks Nursing Home, which the doctors operated as a partnership. Plaintiffs claim that the suspension was imposed without statutory authority and in a manner that violated due process. The United States District...

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