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NURSING CENTER OF BUCKINGHAM & HAMPDEN v. SHALALA

No. 91-5403.

990 F.2d 645 (1993)

NURSING CENTER OF BUCKINGHAM AND HAMPDEN, INC., Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1993.

Attorney(s) appearing for the Case

Thomas H. Brock, Washington, DC, for appellant. Donald L. Bell, Washington, DC, also entered an appearance for appellant.

Robert L. Roth, Counsel, Dept. of Health and Human Services, with whom Stuart Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. at the time the brief was filed, and Henry R. Goldberg, Deputy Associate Gen. Counsel, HHS, Washington, DC, were on the brief, for appellee.

Before EDWARDS, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The Nursing Center of Buckingham and Hampden, Inc. ("NCBH"), appeals from an adverse decision of the District Court. The District Court affirmed the decision of the Secretary of Health and Human Services ("Secretary") that NCBH's 1984 agreement to purchase a nursing home in Pennsylvania was not an "enforceable agreement entered into before [July 18, 1984]," within the meaning of...

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