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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

Civ. A. No. 74-860.

394 F.Supp. 261 (1975)

UNITED STATES of America, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA and Milton Shapp, Governor of the Commonwealth of Pennsylvania, et al., Defendants. Milton J. SHAPP, Governor, et al., Plaintiffs to the Counterclaim, v. UNITED STATES of America and Caspar W. Weinberger, Secretary of the Department of Health, Education and Welfare, et al., Defendants to Counterclaim.

United States District Court, M. D. Pennsylvania.

As Amended May 30, 1975.

Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., Scranton, Pa., William B. Saxbe, Atty. Gen., J. Stanley Pottinger, Asst. Atty. Gen., Louis M. Thrasher, Michael S. Lottman, Diane S. Dorfman, Attys., Dept. of Justice, Washington, D. C., for the United States; John B. Rhinelander, Gen. Counsel, Stephanie W. Naidoff, Regional Atty., Dept. Health, Ed. and Welfare, of counsel.

Lawrence Silver, J. Justin Blewitt, Jr., Robert Nagle, Deputy Attys. Gen., Dept. of Justice, Harrisburg, Pa., for Com. of Pennsylvania.

MEMORANDUM AND ORDER

HERMAN, District Judge.

The United States Government filed suit in this court seeking an injunction to compel the Commonwealth of Pennsylvania and various of its officials to enforce provisions of Medicare, 42 U.S.C. § 1395ff., and Medicaid, 42 U.S.C. § 1396ff. with respect to skilled nursing home facilities.

This memorandum is concerned with the Government's motion to dismiss a counterclaim filed by the Commonwealth...

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