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GREENWALD v. WHALEN

No. 79, Docket 79-7139.

609 F.2d 665 (1979)

Sidney GREENWALD and Jack Friedman, d/b/a Maple Leaf Nursing Home, Plaintiffs-Appellees, v. Robert P. WHALEN, M.D., Commissioner of Health of the State of New York; Barbara B. Blum, Commissioner of the Department of Social Services of the State of New York; and Howard F. Miller, Acting Director of the Budget of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 15, 1979.

Attorney(s) appearing for the Case

Scott B. Lunin, New York City (Marvin L. Tenzer, New York City, on brief), for plaintiffs-appellees.

Paul M. Glickman, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Sol. Gen., Paul E. Dahlman, Asst. Atty. Gen., New York City, on brief), for defendants-appellants.

Before KAUFMAN, Chief Judge, NEWMAN and KEARSE, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal from a decision granting a preliminary injunction concerns the due process rights of a nursing home proprietor challenging action by the state agency responsible for regulating such facilities. Although the issue has been the subject of much litigation in recent years, see, e. g., Case v. Weinberger, 523 F.2d 602 (2d Cir. 1975); Langhorne Gardens, Inc. v. Weinberger,

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