NATIONAL UNION OF HOSPITAL & HEALTH CARE EMP., ETC. v. CAREY

No. 40, Docket 76-7203.

557 F.2d 278 (1977)

NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, RWDSU, AFL-CIO, and District 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, Plaintiffs-Appellants, v. Hugh CAREY, Governor of the State of New York, and Robert P. Whalen, Commissioner of Health of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 18, 1977.


Attorney(s) appearing for the Case

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City (Richard Dorn, New York City, of counsel), for appellants.

Louis J. Lefkowitz, Atty. Gen., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel), for appellees.

Before MANSFIELD, VAN GRAAFEILAND and MESKILL, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

The issue in this case is simply stated. Can a union, which has organized a number of nursing homes in the State of New York, sue the State to secure an increase in Medicaid payments to the homes in order that the union may negotiate higher salaries for its members? The District Judge held that it could not. We believe that he was right.

The State of New York, as a participant in the Federal Medicaid program under Title XIX...

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