MINN. ASS'N OF HEALTH CARE FACILITIES, INC. v. MINNESOTA DEPT. OF PUBIC WELFARE

No. 78-1845.

602 F.2d 150 (1979)

MINNESOTA ASSOCIATION OF HEALTH CARE FACILITIES, INC., a Minnesota Nonprofit Corporation, Sunshine Villa, Inc., a Minnesota Corporation, Augustana Lutheran Homes, Inc., a Minnesota Nonprofit Corporation, Red Wing Nursing Home of TLC Nursing Centers, Inc., a Minnesota Corporation, and Mala Strana Nursing Home of New Prague, a Minnesota Partnership, and Texa-Tonka Nursing Home, Inc., and Excelsior Nursing Home of Iroquois-Excelsior, Inc., a Minnesota Corporation and Valleyview Nursing Home, Inc., a Minnesota Nonprofit Corporation, Appellants, v. MINNESOTA DEPARTMENT OF PUBIC WELFARE, Edward J. Dirkswager, Jr., Acting Commissioner of the Minnesota Department of Public Welfare, and Nursing Home Residents' Advisory Council, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1979.

Rehearing and Rehearing Denied July 30, 1979.


Attorney(s) appearing for the Case

John M. Broeker, of Broeker, Hartfeldt, Hedges & Grant, Minneapolis, Minn., for appellants; Allene D. Evans, Minneapolis, Minn., on brief.

William P. Marshall, Special Asst. Atty. Gen., St. Paul, Minn., for appellee, Minnesota Dept. of Welfare; Warren R. Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Paul G. Zerby, Asst. Atty. Gen., St. Paul, Minn., on brief.

Laurie N. Davison, Legal Aid Society of Minneapolis, Inc., Minneapolis, Minn., for appellee, Nursing Home Residents'.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief Judge.


Rehearing and Rehearing En Banc Denied July 30, 1979.

McMILLIAN, Circuit Judge.

Excelsior Nursing Home of Iroquois-Excelsior, Inc., a Minnesota corporation (hereinafter Excelsior), and Valleyview Nursing Home, Inc., a Minnesota nonprofit corporation, appeal from an order entered in the district court1 for the District of Minnesota denying them preliminary injunctive relief.2 For the reasons discussed...

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