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SCHWARTZBERG v. CALIFANO

No. 78 Civ. 1039.

453 F.Supp. 1042 (1978)

Albert SCHWARTZBERG and Sigmund Lefkowitz, Plaintiffs, v. Joseph CALIFANO et al., Defendants.

United States District Court, S. D. New York.

On Motion to Reargue June 23, 1978.

Attorney(s) appearing for the Case

James M. LaRossa, Schekter, Aber & Hecht, P. C., New York City, for plaintiffs; David A. Cutner, Marvin L. Tenzer, Scott B. Lunin, New York City, of counsel.

Robert B. Fiske, U. S. Atty. for the Southern District of New York, New York City, for Joseph Califano and Jacqueline G. Wilson; Patrick H. Barth, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. for the State of New York, New York City, for State defendant; Allan S. Moller, Mark C. Rutzick, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiffs Albert Schwartzberg and Sigmund Lefkowitz, owners and operators of two licensed health care facilities located in the Bronx, have brought this action to enjoin federal defendants Joseph Califano and Jacqueline G. Wilson, as well as state defendants Barbara Blum, and others1 from terminating the facilities' participation in the Medicare and Medicaid programs pending an administrative...

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