TOWN COURT NURSING CENTER, INC. and
Emma Cooper, Mary Crawford, Hazel Kemp, Arnold L. Phillips, Delphine Taddei, Nancy Truitt, Individually and on behalf of the class of patients eligible for Pennsylvania Medical Assistance Program benefits at Town Court Nursing Center, Inc.
v.
Helen O'BANNON, Individually and in her capacity as Secretary of Public Welfare of the Commonwealth of Pennsylvania, and Joseph A. Califano, Jr., Individually and in his capacity as Secretary of the United States Department of Health, Education and Welfare.
Appeal of Emma COOPER, Mary Crawford, Hazel Kemp, Arnold L. Phillips, Delphine Taddei and Nancy Truitt, Individually and on behalf of the class of patients eligible for Pennsylvania Medical Assistance Program benefits at Town Court Nursing Center, Inc.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Opinion August 28, 1980.
Opinion August 28, 1980.
Attorney(s) appearing for the Case
William F. Coyle, Abrahams & Loewenstein, Philadelphia, Pa., Emma Cooper, et al.
Jeffrey B. Albert, Nathan L. Posner, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for Town Court Nursing Center.
Margaret M. Hathaway, U. S. Dept. of H. E. W., Robert S. Forster, Jr., Asst. U. S. Atty., Philadelphia, Pa., for Jos. A. Califano.
Maria Parisi Vickers, Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Robert P. Kane, Atty. Gen., Philadelphia, Pa., for Helen O'Bannon.
Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
Opinion on Remand from the Supreme Court August 28, 1980.
OPINION OF THE COURT
PER CURIAM:
When this case was previously before us, Town Court Nursing Center, Inc. v. Beal,586 F.2d 280 (3d Cir. 1978), we concluded that the appellants, six residents at the Town Court Nursing Center, had a constitutionally protected property interest in continued residence at Town Court that gave them a right to a pretermination...
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