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ERIE COUNTY GERIATRIC CENTER v. SULLIVAN

No. 91-3218.

952 F.2d 71 (1991)

ERIE COUNTY GERIATRIC CENTER, a Pennsylvania non-profit corporation; County of Erie; J. Robert Baldwin, individually and on behalf of all other similarly situated real estate taxpayers of Erie County, Pennsylvania, Appellants, v. Louis W. SULLIVAN, M.D., Secretary of U.S. Department of Health and Human Services; and Walter W. Cohen, Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided December 26, 1991.

Attorney(s) appearing for the Case

James K. McNamara (argued), Kenneth W. Wargo, Quinn, Gent, Buseck and Leemhuis, Inc., Erie, Pa., for appellants.

Eileen Bradley, Chief Counsel, James C. Newman, Supervisory Asst. Regional Counsel, Javier A. Arrastia, Asst. Regional Counsel (argued), Office of Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., Thomas W. Corbett, Jr., U.S. Atty., Pamela J. Grimm, Asst. U.S. Atty., W.D.Pa., Pittsburgh, Pa., for appellees.

Before SLOVITER, Chief Judge, COWEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises issues emanating from the ongoing struggle of the Federal Government and the Commonwealth of Pennsylvania to contain costs in the delivery of health care services under the cooperative federal-state Medicaid program, Title XIX of the Social Security Act, 42 U.S.C.A. § 1396 et seq. (1983 and West Supp.1991). Plaintiff-appellants, the Erie County Geriatric Center (ECGC or the Center...

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