DeGREGORIO v. SEGAL

Civ. A. No. 76-264.

443 F.Supp. 1257 (1978)

Daniel B. DeGREGORIO, Pearl Gouedy, by Von Gouedy, guardian ad litem, on behalf of themselves and all others similarly situated, and Philadelphia Welfare Rights Organization, Plaintiffs, v. Stanley SEGAL, Individually and as administrator of the Ashton Hall Nursing Home, the Ashton Hall Nursing Home, Thomas Mignone, Individually and as administrator of the Chapel Manor Nursing and Convalescent Center, the Chapel Manor Nursing and Convalescent Center, Terry Thesieres, Individually and as administrator of the Haverford Nursing Home, the Haverford Nursing Home, Beverly Shenefelt, Individually and as administrator of the Mayo Nursing Home, the Mayo Nursing Home, on behalf of themselves and all others similarly situated, the Health Care Facilities Association of Pennsylvania (HCFAP), Walter Harrison, in his capacity as President of HCFAP, Gerald Specter, in his capacity as Executive Vice-President of HCFAP, Defendants.

United States District Court, E. D. Pennsylvania.

January 10, 1978.


Attorney(s) appearing for the Case

Gilbert B. Abramson, Philadelphia, Pa., for Segal and Ashton Hall.

Benj. S. Ohrenstein, Bala Cynwyd, Pa., for Chapel Manor and Thomas Mignone.

Donald Brown, Nathan L. Posner, Philadelphia, Pa., for Mayo and Beverly Shenefelt.

Roger L. Mutzel, Media, Pa., for Thesieres and Haverford.

John Killian and Charles O. Barto, Jr., Harrisburg, Pa., for HCFAP, Harrison and Specter.

R. Michael Kemler, Ellen Josephson, Community Legal Services, Philadelphia, Pa., for plaintiffs.


OPINION

DITTER, District Judge.

This anti-trust action for treble damages alleges that the owners of nursing home facilities have conspired to fix prices charged for the care of indigents.1 Presently before the court are the defendants' motions to dismiss for lack of subject matter jurisdiction and failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).2 For the reasons...

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