Hazelwood Chronic Convalescent v. Weinberger

Full title: HAZELWOOD CHRONIC CONVALESCENT HOSPITAL, INC., DBA KEARNEY STREET…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 18, 1977

556 F.2d 981 (9th Cir. 1977)

Opinion

No. 74-2210.

May 27, 1977. Rehearing Denied July 18, 1977.

Sidney I. Lezak, U.S. Atty., Vinita Jo Neal, Asst. U.S. Atty., Portland, Or., Robert E. Kopp, David M. Cohen, U.S. Dept. of Justice, Civ. Div., Washington, D.C., argued, for appellant.

Michael J. Gentry, Arden Shenker, Portland, Or., Arthur J. Crowley, Los Angeles, Cal., argued, for appellee.

Appeal from the United States District Court for the District of Oregon; Solomon, Judge.

Before WALLACE and KENNEDY, Circuit Judges, and FERGUSON,^_ District Judge.

_ Honorable Warren J. Ferguson, United States District Judge for the Central District of California, sitting by designation.

ORDER

On April 4, 1977, the United States Supreme Court vacated the judgment of this court and remanded the case for further consideration. ___ U.S. ___, 97 S.Ct. 1595, 51 L.Ed.2d 801 (1977). Accordingly, the judgment of the district court is vacated and the cause is remanded to the district court for further consideration in light of the Supreme Court's opinion in Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977).