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KLEIN v. MATHEWS

Civ. A. No. 76-1197.

430 F.Supp. 1005 (1977)

Ann KLEIN, Commissioner, New Jersey Department of Institutions and Agencies, et al., Plaintiffs, v. David MATHEWS, Secretary, Department of Health, Education and Welfare, and William Toby, Acting Commissioner, Region II, Social and Rehabilitative Services, Department of Health, Education and Welfare, Defendants.

United States District Court, D. New Jersey.

March 31, 1977.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Advocate of the State of New Jersey, by Arthur Penn, Director of Public Interest Advocacy, Trenton, N.J., Robert Westreich, Asst. Deputy Public Advocate, for class plaintiffs.

William F. Hyland, Atty. Gen., by Robert E. Popkin, Deputy Atty. Gen., Trenton N.J., for plaintiff Ann Klein.

Jonathan L. Goldstein, U. S. Atty., Newark, N.J., by Susan P. Engelman, Asst. U. S. Atty., Newark, N.J., for defendants.

Alfred C. Clapp, Clapp & Eisenberg, Newark, N.J., Patrick T. McGahn, Jr., McGahn & Friss, Atlantic City, N.J., for intervenor Shore Manor Nursing Home.

OPINION

BROTMAN, District Judge.

This case involves the efforts of the State of New Jersey and four hundred fifty Medicaid patients to block the termination of federal financial participation for services provided at the Shore Manor Nursing Home under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.1 The Commissioner of New Jersey's Department of Institutions and Agencies and three Shore Manor patients...

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