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WASHINGTON HOSP. v. WHITE

No. 89-3209.

889 F.2d 1294 (1989)

WASHINGTON HOSPITAL and South Hills Health System and All Saints Hospital and Lock Haven Hospital and Andrew Kaul Memorial Hospital (Intervenor in D.C.) v. John F. WHITE, Jr., Individually and as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania; and Eileen Schoen, Individually and as Deputy Secretary for Medical Assistance of the Department of Public Welfare of the Commonwealth of Pennsylvania; and Commonwealth of Pennsylvania, Department of Public Welfare. Appeal of PHILADELPHIA GERIATRIC CENTER.

United States Court of Appeals, Third Circuit.

Decided November 24, 1989.

Attorney(s) appearing for the Case

Thomas A. Leonard (argued), James J. Rodgers, Charles E. Caniff, Jr., Jonathan J. Bart, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for appellant.

Bruce G. Baron (argued), Asst. Counsel, Office of Legal Counsel, Dept. of Public Welfare, Harrisburg, Pa., for John F. White, Jr. and Eileen Schoen.

Jane L. Dalton, Duane, Morris & Heckscher, Philadelphia, Pa., for amicus curiae The Hosp. Ass'n of Pa.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge, and WOLIN, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Philadelphia Geriatric Center (PGC) appeals the denial of its motion to enforce the terms of a court-ordered stipulation of dismissal entered in 1983 as well as the denial of its motion for reconsideration. Although PGC was not a party in the earlier litigation, it was a third-party beneficiary to the stipulated agreement supposedly settling the case. PGC claims that...

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