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SOUTH WINDSOR CONVALESCENT HOME v. MATHEWS

No. 938, Docket 75-6136.

541 F.2d 910 (1976)

SOUTH WINDSOR CONVALESCENT HOME, INC., Plaintiff-Appellee, v. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 27, 1976.

Attorney(s) appearing for the Case

Judith S. Feigin, Atty., Washington, D.C. (Peter C. Dorsey, U.S. Atty., D. Conn., New Haven, Conn., Rex E. Lee, Asst. Atty. Gen., Robert E. Kopp, David M. Cohen, Attys., Dept. of Justice, Washington, D.C., of counsel), for defendants-appellants.

Arnold W. Aronson, Hartford, Conn., for plaintiff-appellee.

Before HAYS and MANSFIELD, Circuit Judges, and BRIEANT, District Judge.

MANSFIELD, Circuit Judge:

The Secretary of the Department of Health, Education and Welfare (hereafter "HEW") appeals from a decision and summary judgment order of the United States District Court, District of Connecticut, T. Emmet Clarie, Chief Judge, entered on July 17, 1975, holding that HEW regulation 20 C.F.R. § 405.415(d)(3), as applied to the years preceding 1970, contravenes the Medicare Act, 42 U.S.C. §§ 1395, et seq. (hereafter...

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