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HOLLINGSWORTH v. HARRIS

No. 79-2838. Summary Calendar.

608 F.2d 1026 (1979)

Dr. Robert T. HOLLINGSWORTH, M. D., Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Resources, Zion Grove Nursing Center, Ltd. and Daniel B. Mitchell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 26, 1979.

Attorney(s) appearing for the Case

Tommy M. McWilliams, Indianola, Miss., for plaintiff-appellant.

Thomas W. Dawson, Asst. U. S. Atty., H. M. Ray, U. S. Atty., Oxford, Miss., for Califano.

Johnnie E. Walls, Jr., Tyree Irving, Johnnie E. Walls, Jr., Greenville, Miss., for Zion and Mitchell.

Before RONEY, HILL and KRAVITCH, Circuit Judges.

PER CURIAM:

Robert T. Hollingsworth, petitioner, operates a nursing home in Duncan, Mississippi. Daniel B. Mitchell, co-respondent, plans to construct a competing facility in nearby Shelby, Mississippi. Pursuant to 42 U.S. C.A. § 1320a-1 (West 1974 & Supp.1979), Mitchell sought and obtained from the Secretary of Health, Education and Welfare, co-respondent, a determination that patrons of his proposed facility would be eligible for certain federal transfer...

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