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COMMUNITY HEALTH SERVICES, ETC. v. CALIFANO

No. 82-5098.

698 F.2d 615 (1983)

COMMUNITY HEALTH SERVICES OF CRAWFORD COUNTY, INC., a non-profit corporation, Ada Werner, an individual, Frank E. Werner, an individual, and Shirley Sorger, an individual, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a corporation, Defendants-Appellees. COMMUNITY HEALTH SERVICES OF CRAWFORD COUNTY, INC., a non-profit corporation, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a corporation, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided January 19, 1983.

Rehearing Denied February 14, 1983.

Attorney(s) appearing for the Case

Raymond G. Hasley, Brian W. Ashbaugh (argued), Rose, Schmidt, Dixon & Hasley, Pittsburgh, Pa., for plaintiffs-appellants.

David R. Culp, Acting Regional Atty., James S. Feight, Jr., Asst. Regional Atty., James C. Newman (argued), Dept. of Health and Human Services, Philadelphia, Pa., for defendants-appellees.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Since time immemorial it has been argued that "The King can do no wrong;" therefore, his subjects can neither complain of, nor be indemnified for, the "wrongs" of the King nor for the wrongs of the King's agents. In a different context, we are now asked to affirm a somewhat similarly archaic concept in favor of the United States government, regardless of its effect on innocent persons. Even though...

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