Hollingsworth v. Harris

Robert T. Hollingsworth, petitioner, operates a nursing home in Duncan, Mississippi. Daniel B. Mitchell, co-respondent, plans to construct a competing facility in nearby Shelby, Mississippi. Pursuant to 42 U.S. C.A. § 1320a — 1 (West 1974 & Supp.1979), Mitchell sought and obtained from the Secretary of Health, Education and Welfare, co-respondent, a determination that patrons of his proposed facility would be eligible for certain federal transfer payments. The way being thus cleared for “competitive” entry, petitioner sought administrative reconsideration, 42 C.F.R. § 100.108(a) (1978), and…