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COSPITO v. HECKLER

Nos. 83-5201, 83-5202.

742 F.2d 72 (1984)

Douglas J. COSPITO, et al., Appellants, v. Margaret M. HECKLER, etc., et al., and The Joint Commission on Accreditation of Hospitals, Appellees. Douglas J. COSPITO, et al., Cross-Appellees, v. Margaret M. HECKLER, etc., et al., and The Joint Commission on Accreditation of Hospitals, Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided August 10, 1984.

As Amended August 29, 1984.

Rehearing and Rehearing Denied October 2, 1984.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Michael Perlin, Michael Buncher (Argued), Laura Lewinn, William F. Culleton, Jr., New Jersey Dept. of the Public Advocate, Trenton, N.J., for appellants and cross-appellees.

Eugene M. Haring (Argued), Ronald Hedges (Argued), Kathleen Miko, McCarter & English, Newark, N.J., for appellee and cross-appellant Joint Commission on Accreditation of Hospitals.

W. Hunt Dumont, U.S. Atty., Mary Catherine Cuff (Argued), Asst. U.S. Atty., Newark, N.J., for appellee Margaret Heckler.

Thomas K. Gilhool, Public Interest Law Center of Philadelphia, Philadelphia, Pa., for amici curiae The Joint Advocacy Coalition for the Mentally Disabled; The National Citizens Coalition for Nursing Home Reform; The South Carolina Protection and Advocacy System; The Arkansas Legal Services Support Center; and The Southern Poverty Law Center.

Before SEITZ, GARTH and BECKER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 2, 1984.

OPINION OF THE COURT

GARTH, Circuit Judge:

Appellants Douglas Cospito, et al., ("the Patients") are or have been patients at the Trenton Psychiatric Hospital ("TPH"). In 1975, TPH lost its accreditation from codefendant Joint Commission on Accreditation of Hospitals ("JCAH"). As a result, codefendant Secretary of the Department of Health, Education, and Welfare (now the Department of Health...

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