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SCHWARTZBERG v. CALIFANO

No. 78 Civ. 1039 (KTD).

480 F.Supp. 569 (1979)

Albert SCHWARTZBERG and Sigmund Lefkowitz, Plaintiffs, v. Joseph CALIFANO, Secretary of the United States Department of Health, Education and Welfare et al., Defendants.

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

October 26, 1979.

Attorney(s) appearing for the Case

Marvin L. Tenzer and James M. La Rossa, New York City, of counsel, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for State defendants; Allan S. Moller, Asst. Atty. Gen., New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This action was commenced by Albert Schwartzberg and Sigmund Lefkowitz as the owners and operators of two licensed health care facilities located in the Bronx seeking to enjoin the federal defendants, Joseph Califano and Jacqueline G. Wilson, and the state defendants, Barbara Blum and Robert P. Whalen,1 from terminating the facilities' participation...

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