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TOWN COURT NURSING CTR., INC. v. BEAL

Nos. 77-2221 and 77-2444.

586 F.2d 266 (1978)

TOWN COURT NURSING CENTER, INC., Appellant in No. 77-2221, and Emma Cooper, Mary Crawford, Hazel Kemp, Arnold L. Phillips, Delphine Taddei, Nancy Truitt, Individually and on behalf of the class of patients eligible for Pennsylvania Medical Assistance Program benefits at Town Court Nursing Center, Inc. v. Frank S. BEAL, Individually and in his capacity as Secretary of Public Welfare of the Commonwealth of Pennsylvania and Joseph A. Califano, Jr., Individually and in his capacity as Secretary of the United States Department of Health, Education, and Welfare. Appeal of Joseph A. CALIFANO, Jr., Secretary of the United States Department of Health, Education, and Welfare, in No. 77-2444.

United States Court of Appeals, Third Circuit.

Resubmitted July 10, 1978.

Decided September 29, 1978.

Attorney(s) appearing for the Case

Nathan L. Posner, Jeffrey B. Albert, Barry Applebaum, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for Town Court Nursing Center, Inc., appellant.

William F. Coyle, Philadelphia, Pa., for Emma Cooper, et al., appellees.

Maria Parisi Vickers, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Robert P. Kane, Atty. Gen., Philadelphia, Pa., for Frank S. Beal.

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Chief, App. Section, Robert N. Deluca, Chief, Civ. Div., Philadelphia, Pa., for Joseph A. Califano, Jr.; Stephanie W. Naidoff, Regional Atty., Margaret M. Hathaway, Asst. Regional Atty., Dept. of Health, Ed. and Welfare, Philadelphia, Pa., of counsel.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Resubmitted In Banc July 10, 1978.

Argued January 4, 1978.

Before SEITZ, Chief Judge, and GIBBONS and GARTH, Circuit Judges.

Resubmitted In Banc July 10, 1978.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

One of the plaintiffs below, Town Court Nursing Center, Inc. ("Town Court") appeals from an order...

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