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WILSON v. ATLANTICARE MEDICAL CENTER

No. 88-1985.

868 F.2d 34 (1989)

Marilyn R. WILSON, etc., Plaintiff, Appellant, v. ATLANTICARE MEDICAL CENTER, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Regina Williams Tate, Braintree, Mass., with whom Michael C. Lehane and Murphy, Hesse, Toomey and Lehane, Quincy, Mass., were on brief, for appellant.

D. Alice Olsen with whom Bruce R. Henry and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for appellees.

Before SELYA, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Plaintiff, administratrix of the estate of Delia Mace (Mace), brought this action in two counts against Atlanticare Medical Center, Inc. (Center), and Atlanticare Nursing Home (Home). With respect to Center, plaintiff alleged that a premature returning of Mace to Home, where she was a resident patient, while still "suffering from an emergency medical condition which had not been stabilized," violated 42 U.S.C. § 1867.

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