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WILMAC CORP. v. HECKLER

Civ. A. No. 84-5491.

633 F.Supp. 1000 (1986)

WILMAC CORPORATION, d/b/a Heatherbank Rehabilitation and Nursing Center v. Margaret M. HECKLER, Secretary of the United States Department of Health and Human Services; and Walter W. Cohen, Secretary of the Pennsylvania Department of Public Welfare.

United States District Court, E.D. Pennsylvania.

April 8, 1986.

Attorney(s) appearing for the Case

Joel M. Hamme, Washington, D.C., Charles O. Barto, Jr., Harrisburg, Pa., for plaintiff.

John O.J. Shellenberger, Deputy Atty. Gen., Dept. of Welfare, Harrisburg, Pa., Diane C. Moskal, Reg. Atty., Health and Human Services, for Heckler.

MEMORANDUM AND ORDER

TROUTMAN, Senior District Judge.

This case comes before the Court on cross-motions for summary judgment. There are no material facts in dispute. The Court is required to decide only legal issues concerning the propriety of certain regulations promulgated by the Pennsylvania Department of Welfare and approved by the Secretary of Health and Human Services.

Plaintiff Wilmac, a proprietor of nursing homes, wants to expand Heatherbank...

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