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BEVERLY ENTERPRISES v. CALIFANO

Civ. A. No. 77-0459.

446 F.Supp. 599 (1978)

BEVERLY ENTERPRISES, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary, Health, Education, and Welfare, and Mutual of Omaha, Defendants.

United States District Court, District of Columbia.

February 17, 1978.

Attorney(s) appearing for the Case

Robert L. Ackerly, Herbert L. Fenster, Allen B. Green, Washington, D. C., for plaintiff.

Earl J. Silbert, U. S. Atty., Robert N. Ford, Joseph Guerrieri, Jr., Asst. U. S. Attys., Washington, D. C., for defendants.

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

This case is before the Court on cross-motions for summary judgment. Upon consideration of the memoranda filed, the affidavits, and the administrative record, the Court finds that there are no genuine issues as to any material facts remaining in this case and that plaintiff's motion for summary judgment be granted in part and denied in part.

I. BACKGROUND

1. Plaintiff, Beverly Enterprises...

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