GRANVILLE HOUSE, INC. v. DEPT. OF H.E.W.

No. 84-5195.

772 F.2d 451 (1985)

GRANVILLE HOUSE, INC., Appellee, v. The DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Appellant, and Arthur E. Noot, as Commissioner of Public Welfare for the State of Minnesota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 6, 1985.


Attorney(s) appearing for the Case

Carolyn Cozad Hughes, Chicago, Ill. (HHS), for appellant.

John M. Burman, Asst. Atty. Gen., St. Paul, Minn., and Warren Eustis, Minneapolis, Minn., for appellees.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


HEANEY, Circuit Judge.

This case and a related lawsuit, Minnesota v. Heckler, 718 F.2d 852 (8th Cir.1983), have each been before this Court once before. The instant case involves the issue of whether alcoholism is a mental disease. The case was consolidated with Minnesota, which involves the issue of whether, and under what circumstances, an intermediate care facility (ICF)...

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