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WILMAC CORP. v. BOWEN

No. 86-1331.

811 F.2d 809 (1987)

WILMAC CORPORATION, d/b/a Heatherbank Rehabilitation and Nursing Center, Appellant v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services and Cohen, Walter W., Secretary of the Pennsylvania Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided February 19, 1987.

Attorney(s) appearing for the Case

Steven R. Williams, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., Joel M. Hamme (argued), Pierson, Ball & Dowd, Washington, D.C., for appellant.

John O.J. Shellenberger (argued), Deputy Atty. Gen., Office of Atty. Gen., Philadelphia, Pa., for appellee, Cohen.

Diane C. Moskal (argued), Office of Chief Counsel, Charisse R. Lillie, U.S. Attorney's Office, Philadelphia, Pa., for appellee, Bowen.

Before ALDISERT, Chief Judge, and WEIS and MANSMANN, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Wilmac Corporation is a provider of health care to Medicaid recipients and holds a certificate of need giving it permission to build an addition to its existing nursing home. Wilmac appeals from the district court's entry of summary judgment for the defendants in Wilmac's suit for a declaratory judgment to invalidate an amendment to Pennsylvania's Medicaid reimbursement policy promulgated by the Pennsylvania...

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