ADAMS NURSING HOME OF WILLIAMSTOWN, INC. v. MATHEWS

No. 76-1212.

548 F.2d 1077 (1977)

ADAMS NURSING HOME OF WILLIAMSTOWN, INC., Plaintiff, Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

February 2, 1977.


Attorney(s) appearing for the Case

John K. Villa, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Washington, D. C., James N. Gabriel, U. S. Atty., Boston, Mass., Robert E. Kopp and Judith S. Feigin, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendants, appellants.

Thomas C. Fox, Washington, D. C., with whom Kearons J. Whalen and Reder & Whalen, Pittsfield, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, and McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

In the court below, appellee, Adams Nursing Home of Williamstown, Inc. (Adams), obtained an injunction preventing the enforcement of a Medicare regulation issued by the Secretary of Health, Education and Welfare (Secretary). Some background is necessary to an understanding of the case. Medicare1 is administered by a combination of private and governmental entities. Those...

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