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SENECA NURSING HOME v. KANSAS STATE BD. OF SOCIAL WELF.

No. 72-1242.

490 F.2d 1324 (1974)

SENECA NURSING HOME et al., Plaintiffs-Appellees, v. The KANSAS STATE BOARD OF SOCIAL WELFARE et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1974.

Attorney(s) appearing for the Case

J. J. B. Wigglesworth, Topeka, Kan. (Charles V. Hamm, Topeka, Kan., on the brief), for defendant-appellant Kansas State Bd. of Social Welfare.

T. Richard Liebert, Coffeyville, Kan. (Liebert & Liebert, Coffeyville, Kan., Jack A. Quinlan, Scott, Quinlan & Hecht, Topeka, Kan., and William A. Geoghegan, Pierson, Ball & Dowd, Washington, D. C., on the brief), for plaintiffs-appellees.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

This case involves a dispute between a group of licensed nursing homes in Kansas and the State Board of Social Welfare (the Board) over payment for nursing services provided under state and federal welfare programs. The nursing homes seek to recover unspecified sums claimed for "reasonable, usual and customary charges" which they say they are entitled to by law and by contract and are unlawfully denied by a pay structure, essentially based...

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