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UNITED STATES v. DCS DEVELOPMENT CORP.

No. CIV-79-95.

590 F.Supp. 1117 (1984)

UNITED STATES of America, Plaintiff, v. DCS DEVELOPMENT CORPORATION, Estate of Bernard P. Birnbaum, Saul Birnbaum and Janice Birnbaum, as Executors of the Estate of Bernard P. Birnbaum and New York State Commissioner of Health, Defendants.

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

August 9, 1984.

Attorney(s) appearing for the Case

Jack S. Penca, Asst. U.S. Atty., Buffalo, N.Y., for plaintiff.

Robert Oppenheimer, Rochester, N.Y., Robert H. Kutzuba, Buffalo, N.Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is an action by the United States Department of Housing and Urban Development ("HUD") to foreclose a mortgage on the Abbott Manor Nursing Home ("the home") in Buffalo, N.Y. The New York State Commissioner of Health ("the Commissioner") was made a defendant on the grounds that, at the time the Complaint was filed, a receiver was operating the home at the Commissioner...

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