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WOODLAND NURSING HOME CORP. v. CALIFANO

No. 74 Civ. 3483 (KTD).

487 F.Supp. 9 (1979)

WOODLAND NURSING HOME CORPORATION, Plaintiff, v. Joseph CALIFANO, Individually and as Secretary of Health, Education and Welfare, and The Travelers Insurance Company, Defendants and Third-Party Plaintiffs, v. WOODLAND NURSING HOME ASSOCIATES d/b/a Woodland Nursing Home, Irving Sendar and Martin Marmon, Third-Party Defendants.

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

Motion to Reargue Granted December 19, 1979.

Attorney(s) appearing for the Case

Litman, Friedman, Kaufman & Asche, New York City, for plaintiff; Stephen Bernstein, Richard M. Asche, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendants and third-party plaintiffs; Susan M. Campbell, Asst. U. S. Atty., Borge Varmer, Regional Atty., Region II, Julia T. Reed, Asst. Regional Atty., Dept. of Health, Education and Welfare, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

Plaintiff, Woodland Nursing Home Corporation [hereinafter referred to as "Woodland"], by the instant motion seeks summary judgment or, in the alternative, a preliminary injunction which would prevent defendants from withholding Medicare payments. Plaintiff also requests leave to serve an amended complaint. Defendant, Secretary of Health, Education and Welfare [hereinafter referred to as "the Secretary"], without...

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