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SCHROEDER NURSING CARE, INC. v. MUTUAL OF OMAHA INS. CO.

No. 69-C-418.

311 F.Supp. 405 (1970)

SCHROEDER NURSING CARE, INC., a Wisconsin corporation; Bethel Convalescent Home, Inc., a Wisconsin corporation, and All Corporations and Persons Similarly Situated, Plaintiffs, v. MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska corporation, Robert Finch, Secretary of the Department of Health, Education and Welfare, and Thomas M. Tierney, Director of the Bureau of Health Insurance, a Division of the Department of Health, Education and Welfare, Baltimore, Maryland, and the United States of America, Defendants.

United States District Court, E. D. Wisconsin.

April 2, 1970.

Attorney(s) appearing for the Case

Thomas J. Bergen, Milwaukee, Wis., for plaintiffs.

David J. Cannon, U. S. Atty., by Richard E. Reilly, Asst. U. S. Atty., Milwaukee, Wis., for Robert Finch, Thomas M. Tierney and the United States.

No appearance for Mutual of Omaha Ins. Co.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The plaintiffs seek a judgment declaring that certain acts of the defendants are illegal and unconstitutional. They also seek injunctive relief.

Following institution of the action, the court denied the plaintiffs' motion for a temporary restraining order. Schroeder Nursing Care, Inc. v. Mutual of Omaha Ins. Co., 305 F.Supp. 322 (E. D.Wis.1969). Subsequently...

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