GERIATRICS, INC. v. HARRIS

No. 79-2317.

640 F.2d 262 (1981)

GERIATRICS, INC., d/b/a Eventide of Lakewood Nursing Home, Plaintiff/Appellee, Ruby Arnold et al., Plaintiffs-Intervenors/Appellees, v. Patricia HARRIS et al., Defendants/Appellants, Colorado State Department of Health et al., Defendants-Cross Claimants/Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 26, 1981.


Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty., William C. Danks, Asst. U. S. Atty., Denver, Colo., Ronald S. Luedemann, Regional Atty., and Richard K. Waterman, Asst. Regional Atty., Dept. of Health, Education and Human Services, Denver, Colo., of counsel, for defendants-appellants.

Frederick Miles and Richard G. McManus, Jr., of Miles & McManus, Denver, Colo., for plaintiff-appellee.

Richard N. Stuckey, of Keene, Munsinger & Stuckey, Denver, Colo., for plaintiffs-intervenors/appellees.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., and Maurice G. Knaizer, Asst. Atty. Gen., Human Resources Section, Denver, Colo., for defendants-cross claimants/appellees.

Before SETH, Chief Judge, and LEWIS and SEYMOUR, Circuit Judges.


SETH, Chief Judge.

After examining the briefs and the appellate record, this three-judge panel has determined that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

This is an appeal from a preliminary injunction which enjoined Secretary Harris of HEW and the Colorado...

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