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GRAMMER v. JOHN J. KANE REGIONAL CENTERS-GLEN HAZEL

No. 07-2358.

570 F.3d 520 (2009)

Sarah GRAMMER, as Administratrix of the Estate of Melvinteen Daniels, Deceased, Appellant v. JOHN J. KANE REGIONAL CENTERS-GLEN HAZEL.

United States Court of Appeals, Third Circuit.

Filed June 30, 2009.

Attorney(s) appearing for the Case

D. Aaron Rihn, Esq. (Argued), Robert F. Daley, Esq., Robert Peirce & Associates, Pittsburgh, PA, for Appellant.

Michael R. Lettrich, Esq. (Argued), Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, PA, for Appellee.

Before: SMITH and NYGAARD, Circuit Judges, and STAFFORD, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant's decedent received (or did not receive) at the Appellee nursing home— treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and remand the cause to...

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