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WJM, INC. v. MASSACHUSETTS DEPT. OF PUBLIC WELFARE

No. 87-1111.

840 F.2d 996 (1988)

WJM, INC., etc., et al., Plaintiffs, Appellees, v. MASSACHUSETTS DEPARTMENT OF PUBLIC WELFARE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 24, 1988.

Attorney(s) appearing for the Case

Despena Fillios Billings, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for defendant, appellant.

Paul P. Daley with whom Lisa A. Miller and Hale and Dorr, Boston, Mass., were on brief, for plaintiff, appellee Senior Care Associates, Inc.

Albert F. Cullen, Jr., with whom Cullen & Wall, Boston, Mass., was on brief, for plaintiff, appellee WJM, Inc.

Before CAMPBELL, Chief Judge, GARTH, Senior Circuit Judge, and SELYA, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

Two nursing homes, after petitioning for bankruptcy, sought to recover from the Massachusetts Department of Public Welfare ("Department" or "DPW") monies they claim were owed to them as reimbursement for expenses incurred in the care of Medicaid patients. The bankruptcy court, 65 B.R. 531, entered a judgment against the Department; the district court affirmed. The Department appeals, raising difficult...

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