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WEST VIRGINIA UNIVERSITY HOSPITALS, INC. v. CASEY

No. 89-5165.

898 F.2d 357 (1990)

WEST VIRGINIA UNIVERSITY HOSPITALS, INC. v. Robert CASEY, Governor, Commonwealth of Pennsylvania; John White, Secretary, Department of Public Welfare; David S. Feinberg, Director, Office of Medical Assistance; the Department of Public Welfare, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Jerome T. Foerster, Deputy Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellants.

Robert T. Adams, Thomas J. Stallings, McGuire, Woods, Battle & Boothe, Richmond, Va., Julia Krebs-Markrich, McGuire, Woods, Battle & Boothe, Washington, D.C., Jack M. Stover, Mette, Evans & Woodside, Harrisburg, Pa., for appellees.

Before BECKER, STAPLETON, and ROSENN, Circuit Judges.

SUR MOTION FOR ATTORNEYS' FEES AND COSTS

ROSENN, Circuit Judge.

On July 6, 1986, West Virginia University Hospitals, Inc. (WVUH or the Hospital) commenced an action against the Governor of the Commonwealth of Pennsylvania and various other officials (the State) pursuant to 42 U.S.C. § 1983. In the action WVUH sought injunctive and declaratory relief invalidating the out-of-state aspects of Pennsylvania's hospital reimbursement program,

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