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FLORIDA NURSING HOME ASS'N v. PAGE

Nos. 78-2745, 77-3467.

616 F.2d 1355 (1980)

FLORIDA NURSING HOME ASSOCIATION et al., Plaintiffs-Appellants, v. William PAGE, Jr., et al., Defendants-Appellees, The Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Defendants. GOLDEN ISLES CONVALESCENT CENTER, INC., et al., Plaintiffs-Appellants, v. William PAGE, Jr., et al., Defendants, The Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Defendants-Appellees. GOLDEN ISLES CONVALESCENT CENTER, INC., d/b/a Hallandale Rehabilitation Center, etc., et al., Plaintiffs-Appellees, v. Patricia Roberts HARRIS, Individually and as Secretary of the Department of Health, Education and Welfare, Defendant, William J. Page, Jr., Individually and as Secretary of the Department of Health and Rehabilitative Services of the State of Florida, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 16, 1980.

Attorney(s) appearing for the Case

Dempsey & Slaughter, Bernard H. Dempsey, Jr., Harrison T. Slaughter, Jr., Joseph B. Whitebread, Jr., A. Thomas Mihok, Orlando, Fla., for Florida Nursing Home Ass'n et al.

Shaw & Segall, Elliott S. Shaw, Miami, Fla., for Golden Isles Convalescent Center, Inc., et al.

James G. Mahorner, Dept. of Health & Rehabilitative Services, Tallahassee, Fla., for Page et al.

James G. Mahorner, Tallahassee, Fla., Robert S. Greenspan, William Kanter, Attys. App. Staff, Civ. Div., Dept. of Justice, Washington, D. C., for Harris et al.

Shaw & Segall, Elliot S. Shaw, Miami, Fla., for plaintiffs in all cases.

Before AINSWORTH and HENDERSON, Circuit Judges, and HUNTER, District Judge.

AINSWORTH, Circuit Judge:

These consolidated appeals arise from separate orders of the United States District Court for the Southern District of Florida. The orders resulted from partial adjudications in two suits brought by several Florida nursing homes against the Florida Department of Health and Rehabilitative Services (DHRS) and its secretary and the secretary and regional director of the United States Department of Health, Education and Welfare (HEW) concerning...

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