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IN RE DARTMOUTH HOUSE NURSING HOME, INC.

Appeal No. 82-9057.

30 B.R. 56 (1983)

In re DARTMOUTH HOUSE NURSING HOME, INC., Erlin Manor Nursing Home, Inc., St. John's Nursing Home, Inc. The COMMONWEALTH OF MASSACHUSETTS By its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellant. v. DARTMOUTH HOUSE NURSING HOME, INC., Erlin Manor Nursing Home, Inc., St. John's Nursing Home, Inc., Defendants, Appellees.

United States Bankruptcy Appellate Panel for the First Circuit.

June 15, 1983.

Attorney(s) appearing for the Case

Francis X. Bellotti, Atty. Gen., Stephen S. Ostrach, Asst. Atty. Gen., Boston, Mass., Jeffrey S. Ogilvie, Sp. Asst. Atty. Gen., Deputy Gen. Counsel, Brian G. Burns, Asst. Gen. Counsel, Dept. of Public Welfare, Boston, Mass., for plaintiff, appellant.

Frederick G. Fisher, Jr., C. Hall Swaim, Mark N. Polebaum, Hale & Dorr, Boston, Mass., for defendants, appellees.

Before VOTOLATO, Chief Judge, JOHNSON and GOODMAN, Bankruptcy Judges.

JOHNSON, Bankruptcy Judge.

The constitutionality of the jurisdictional grant to bankruptcy appellate panels has been questioned in this appeal.1 The debtors have filed a motion to dismiss the appeal of the Massachusetts Department of Public Welfare2 on the ground that the United States Supreme Court's decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., ___ U.S. ___, 102 S.Ct. 2858...

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