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MAXWELL v. WYMAN

Docket 71-2202.

478 F.2d 1326 (1973)

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 other proprietary nursing homes in New York State, v. George K. WYMAN, as Commissioner of the New York State Department of Social Services, et al.

United States Court of Appeals, Second Circuit.

Decided May 17, 1973.

Attorney(s) appearing for the Case

Joseph T. Hopkins and James H. Sweeney, Asst. Attys. Gen. (Louis J. Lefkowitz, Atty. Gen., of N. Y., of counsel), for Wyman and Ingraham.

James S. Cullum, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty., N.D. N.Y., of counsel), for Richardson.

Before MURRAH, KAUFMAN and OAKES, Circuit Judges.

PER CURIAM:

The State of New York applied to the district court, in connection with this court's opinion rendered in Maxwell v. Wyman, 458 F.2d 1146 (2d Cir. 1972), to grant injunctive relief against the federal defendant, the Department of Health, Education and Welfare. The district court denied the relief requested and gave the State time within which to apply directly to us for modification...

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