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IN RE SACRED HEART HOSP. OF NORRISTOWN

No. 97-1126.

133 F.3d 237 (1998)

In re SACRED HEART HOSPITAL OF NORRISTOWN, dba Sacred Heart Hospital & Rehabilitation Center, Debtor. SACRED HEART HOSPITAL OF NORRISTOWN, dba Sacred Heart Hospital & Rehabilitation Center v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE. In re SACRED HEART HOSPITAL OF NORRISTOWN, d/b/a Sacred Heart Hospital & Rehabilitation Center, Debtor. SACRED HEART HOSPITAL OF NORRISTOWN v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE Sacred Heart Hospital of Norristown, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 8, 1998.

As Amended February 19, 1998.

Attorney(s) appearing for the Case

William A. Slaughter (argued), Matthew M. Strickler, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellant Sacred Heart Hospital of Norristown.

Sallie A. Rodgers, Commonwealth of Pennsylvania, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, Thomas Blazusiak (argued), Pennsylvania Department of Public Welfare, Allentown, PA, for Appellee Commonwealth of PA, Department of Public Welfare.

Leonard H. Gerson, Angel & Frankel, New York City, for Amicus-Appellant Business Bankruptcy Law Committee of the New York County Lawyers' Association.

Before: COWEN, ROTH and LEWIS, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal involves a challenge to the constitutionality of section 106(a) of the Bankruptcy Code, 11 U.S.C. § 106(a). That section purports to abrogate state sovereign immunity in federal court. The defendant-appellee, Commonwealth of Pennsylvania Department of Public Welfare ("DPW"), argued before the bankruptcy court that section 106(a) was not enacted pursuant to a valid exercise of congressional power...

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