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STATE OF FLORIDA v. WEINBERGER

No. 73-1728.

492 F.2d 488 (1974)

STATE OF FLORIDA et al., Plaintiffs-Appellants, v. Caspar W. WEINBERGER, Secretary, Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., S. Strome Maxwell, Asst. Atty. Gen., Tallahassee, Fla., Eli H. Subin, Orlando, Fla., William A. Geoghegan, George D. Webster, Washington, D. C., William L. Rogers, Asst. Atty. Gen., Miami, Fla., for plaintiffs-appellants.

Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., Harlington Wood, Jr., Asst. Atty. Gen., Robert E. Kopp, Robert S. Greenspan, David Cohen, Civil Div., Appellate Section, U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

GEE, Circuit Judge:

The State of Florida, joined by its own licensing board for nursing home administrators and its members, as well as by various national and state associations of examiners, nursing homes and administrators, seeks a determination of the validity of a regulation promulgated by defendant, Caspar W. Weinberger, in his capacity as Secretary of the United States Department of Health, Education and Welfare. The regulation (45 C.F.R. § 252.10) redefines...

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