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AMERICAN NURSING HOME ASS'N v. COST OF LIVING COUNCIL

Nos. DC-21, DC-22.

497 F.2d 909 (1974)

AMERICAN NURSING HOME ASSOCIATION, Plaintiff-Appellee, v. The COST OF LIVING COUNCIL et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

As Modified May 15, 1974.

Supplemental Order May 21, 1974.

Attorney(s) appearing for the Case

John N. Hanson, Atty., Dept. of Justice, Washington, D.C., with whom Irving Jaffe, Acting Asst. Atty. Gen., William E. Nelson, Stanley D. Rose, Attys., Dept. of Justice, were on the brief for appellants.

Thomas C. Fox, Washington, D.C., with whom William A. Geoghegan and George R. Clark; Pierson, Ball & Dowd, Washington, D.C., were on the brief for appellee.

Before TAMM, Chief Judge, and ANDERSON and ESTES, Judges.

ROBERT P. ANDERSON, Judge:

The Cost of Living Council (CLC) and its members, defendants below, appeal, under § 211 of the Economic Stabilization Act of 1970, as amended ("the Act"), from a judgment entered by the District Court for the District of Columbia on February 7, 1974,1 declaring CLC regulations, as applied to nursing homes, arbitrary and capricious and in conflict with the reimbursement...

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