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FORBES HEALTH SYSTEMS v. HARRIS

No. 81-1239.

661 F.2d 282 (1981)

FORBES HEALTH SYSTEMS, a Corp. v. Patricia HARRIS, Indiv. and as Secretary of the U. S. Dept. of Health, Education & Welfare, Helen O'Bannon, Indiv. and as Secretary of Penna. Dept. of Public Welfare, Glenn Johnson, Indiv. and as Director of the Bureau of Medical Assistance of the Penna. Dept. of Public Welfare, and Penna. Dept. of Public Welfare. WASHINGTON HOSPITAL and South Hills Health System and All Saints Hospital and Lock Haven Hospital and Andrew Kaul Memorial Hospital (Intervenor) v. Helen B. O'BANNON, Ind. and as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, and Gerald F. Radke, Ind. and as Deputy Secretary for Medical Assistance of the Department of Public Welfare of the Commonwealth of Pennsylvania, and Commonwealth of Pennsylvania, Department of Public Welfare. Appeal of Helen B. O'BANNON, Glenn Johnson and Gerald F. Radke.

United States Court of Appeals, Third Circuit.

Decided October 14, 1981.

Attorney(s) appearing for the Case

C. Richter Taylor, Jr. (argued), Thomas E. Boyle, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for Forbes Health System.

Roland Morris, Jane D. Elliott (argued), Kay E. Tucker, Duane, Morris & Heckscher, Philadelphia, Pa., for Washington Hospital and South Hill Health System.

John G. Knorr, III (argued), Deputy Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Chief, Civil Litigation, Leroy S. Zimmerman, Atty. Gen., Harrisburg, Pa., for Helen B. O'Bannon, Gerald F. Radke and Glenn Johnson.

Before GIBBONS and HUNTER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Secretary of the United States Department of Health, Education and Welfare Patricia Harris, Pennsylvania Secretary of Public Welfare Helen B. O'Bannon, Deputy Secretary for Medical Assistance of the Pennsylvania Department of Public Welfare Gerald F. Radke, and Director of the Bureau of Medical Assistance of the Pennsylvania Department of Public Welfare Glenn Johnson (collectively referred to as "DPW...

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