UNITED STATES EX REL. WOODARD v. TYNAN

No. 83-1931.

776 F.2d 250 (1985)

UNITED STATES of America, ex rel. Duane WOODARD, Attorney General of the State of Colorado, and the State of Colorado, Plaintiffs-Appellants, v. Robert M. TYNAN; Arvada Nursing Home, Inc., a Colorado corporation; BTZ Incorporated, a Colorado corporation; Columbine Manor Incorporated, a Colorado corporation; Garden Manor Nursing Home, Inc., a Colorado corporation; Geri-Care, Inc., a Colorado corporation; Lake Manor, Inc., a Colorado corporation, and North Shore Manor, Inc., a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 30, 1985.


Attorney(s) appearing for the Case

Gregory C. Smith, Deputy Atty. Gen. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Valerie J. McNevin-Petersen, Asst. Atty. Gen., with him on brief), Denver, Colo., for plaintiffs-appellants.

Kenneth C. Groves (Philip A. Rouse, Jr., J. Lawrence Hamil and Joel D. Russman of Hamil P.C., with him on brief), Denver, Colo., for defendants-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT, McKAY, LOGAN and SEYMOUR, Circuit Judges.


Opinion on Rehearing En Banc

LOGAN, Circuit Judge.

We granted rehearing en banc because this case appeared to raise important questions under the Supremacy and Full Faith and Credit Clauses of the United States Constitution. It is established doctrine, however, that federal courts should avoid "unseemly conflict between two sovereignties, the unnecessary impairment of state functions, and the premature determination of constitutional questions." Martin...

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