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SENECA NURSING HOME v. SECRETARY, ETC.

No. 77-1385.

604 F.2d 1309 (1979)

SENECA NURSING HOME, Woodlawn Nursing Home, Inc., Kenwood View Nursing Home, Halstead Nursing Center, Inc., Northeast Nursing Center, Inc., North Central Nursing Center, Topeka Convalescent Center, Eventine Convalescent Center, Inc., Ivy Manor Nursing Home, Inc., Stafford Homes, Green Meadows Nursing Center, Inc., Terrace Gardens Skilled Nursing Center, Cedar House, Inc., et al., Plaintiffs-Appellees, v. The SECRETARY OF SOCIAL AND REHABILITATION SERVICES OF KANSAS (Substituted for the Kansas State Board of Social Welfare), Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 24, 1979.

Rehearing Denied October 5, 1979.

Attorney(s) appearing for the Case

T. Richard Liebert of Liebert & Liebert, Coffeyville, Kan., and Jack A. Quinlan of Scott, Quinlan & Hecht, Topeka, Kan., for plaintiffs-appellees.

Bruce A. Roby, Topeka, Kan. (Charles V. Hamm, Topeka, Kan., with him on the brief), for Secretary of Social and Rehabilitation Services of Kansas, for defendant-appellant.

Before McWILLIAMS, McKay and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This case concerns payments due sixteen Kansas nursing homes for services provided to welfare patients under state-administered federally-aided programs. A class action suit was brought on behalf of the nursing homes against the Kansas State Board of Social Welfare, now the Secretary of Social and Rehabilitation Services (SRS). The case was removed from state to federal court, where the various causes of action, except the determination of the...

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