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MAXWELL v. WYMAN

No. 625, Docket 71-2202.

458 F.2d 1146 (1972)

Nancy A. MAXWELL, individually and d/b/a Maxwell Nursing Home on her own behalf and on behalf of all other similarly situated proprietors of private proprietary nursing homes in New York State, Appellant, v. George K. WYMAN, as Commissioner of the New York State Department of Social Services, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 3, 1972.

Attorney(s) appearing for the Case

Lewis A. Aronowitz and Cornelius Murray, (O'Connell & Aronowitz, Albany, N. Y.), for appellant.

James H. Sweeney, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of N. Y., Ruth Kessler Toch, Sol. Gen., Douglas S. Dales, Jr., Asst. Atty. Gen., on the brief), for appellees Wyman and Ingraham.

James S. Cullum, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty. for the N. D. of N. Y., on the brief), for appellee Richardson.

Hoffinger & Stuart, Jack S. Hoffinger and Harvey Stuart, New York City, for amicus curiae, Metropolitan New York Nursing Home Association.

Before MURRAH, KAUFMAN and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Appellants, 148 proprietors of "skilled nursing homes" which care for 5,000 elderly patients in New York State, appeal from the denial of a preliminary injunction by the United States District Court for the Northern District of New York. This appeal was certified by Judge Port under 28 U.S.C. § 1292(b) and taken under 28 U.S.C. § 1292(a) (1). The injunction was sought to prevent the New York Departments of Social Services and Health...

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