UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 09-3006
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JEWISH HOME OF EASTERN PENNSYLVANIA,
Petitioner
v.
CENTERS FOR MEDICARE AND MEDICAID SERVICES;
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondents
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On Petition for Review from on Order by the Secretary
of the Department of Health and Human Services
(No. 09-42)
Submitted January 27, 2011
Before: FUENTES, CHAGARES, and ROTH, Circuit Judges.
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ORDER
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On the Court’s own motion, this Court’s mandate issued on June 16, 2011 is
hereby RECALLED. The parties’ motions to publish, filed on August 31, 2011 and
February 8, 2012, are hereby GRANTED, and this Court’s not precedential opinion, filed
February 11, 2011, is hereby VACATED. An amended precedential opinion shall be
filed forthwith. The Clerk is directed to issue the mandate upon the filing of the amended
precedential opinion.
/s/ Michael A. Chagares
Circuit Judge
DATED: August 14, 2012
trg/cc: Christopher S. Lucas, Esq.
Alan C. Horowitz, Esq.