TOWN COURT NURSING CTR., INC. v. BEAL

Nos. 77-2222 and 77-2444.

586 F.2d 280 (1978)

TOWN COURT NURSING CENTER, INC. 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 Emma COOPER, Mary Crawford, Hazel Kemp, Arnold L. Phillips, Delphine Taddei and Nancy Truitt, Individually and on behalf of the class of patients eligible for Pennsylvania Medical Assistance Program benefits at Town Court Nursing Center, Inc., in No. 77-2222. 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.

As Amended October 13, 1978.


Attorney(s) appearing for the Case

William F. Coyle, Philadelphia, Pa., for Emma Cooper, et al., appellants in No. 77-2222.

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, appellee in No. 77-2222.

Jeffrey B. Albert, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for appellants in No. 77-2222 and cross-appellees in No. 77-2444.

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., appellee in No. 77-2222 and appellant in No. 77-2444; 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 En Banc July 10, 1978.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ALDISERT, Circuit Judge, with whom GIBBONS, WEIS and HIGGINBOTHAM, Circuit Judges, join.

Appellants in No. 77-2222, a proposed class action which was consolidated with Town Court Nursing Center, Inc. v. Beal, decided today, 586 F.2d 266 (3d Cir. 1978), are six residents at the Town Court Nursing Center who contend that their due...

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