COM. OF MASS. v. DARTMOUTH HOUSE NURSING HOME

No. 83-1484.

726 F.2d 26 (1984)

The COMMONWEALTH OF MASSACHUSETTS, by its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellant, v. DARTMOUTH HOUSE NURSING HOME, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 1, 1984.


Attorney(s) appearing for the Case

Stephen S. Ostrach, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Jeffrey S. Ogilvie, Sp. Asst. Atty. Gen., Deputy Gen. Counsel, Dept. of Public Welfare, and Brian G. Burns, Asst. Gen. Counsel, Medicaid Collections Unit, Dept. of Public Welfare, Cotuit, Mass., were on brief, for plaintiff, appellant.

Frederick G. Fisher, Jr., Boston, Mass., with whom Mark N. Polebaum, and Hale & Dorr, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

This appeal raises the question of the continued existence of the First Circuit Bankruptcy Appellate Panels after the expiration of the stay of judgment in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982).

The Massachusetts Department of Public Welfare ("the Department") commenced an adversary proceeding in the United States...

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