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PARK EAST CORP. v. CALIFANO

No. 77 Civ. 1241.

435 F.Supp. 46 (1977)

PARK EAST CORPORATION d/b/a Park East Hospital, Plaintiff, v. Joseph CALIFANO, Secretary of United States Department of Health, Education and Welfare, et al., Defendants.

United States District Court, S. D. New York.

As Amended June 9, 1977.

Attorney(s) appearing for the Case

Schekter, Aber & Hecht, P. C., by Marvin L. Tenzer, Zane & Zane by James B. Zane, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty. S. D. N. Y., New York City by William J. Hibsher, Asst. U. S. Atty., for Federal defendants (Califano and Wilson).

Louis J. Lefkowitz, Atty. Gen., by A. Seth Greenwald, Asst. Atty. Gen., New York City, for New York State defendants (Toia and Whalen).

OWEN, District Judge.

This is a motion for a preliminary injunction by Park East Hospital to restrain certain New York State officials from in effect ending its existence by acts alleged to be malicious, discriminatory and unlawful.

Park East Hospital, at 112 East 83rd Street, New York, New York, is a small proprietary hospital of 106 beds built in the 1930's. In 1973 there was a transfer of ownership to seven physicians connected with the hospital. Subsequently...

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