OPELIKA NURSING HOME, INC. v. RICHARDSON

Civ. A. No. 3180-N.

323 F.Supp. 1206 (1971)

OPELIKA NURSING HOME, INC., a Corporation, Phenix City Nursing Home, Inc., a Corporation, Dunn Rest Home, Inc., a Corporation, Covington Manor, Inc., a Corporation, Roland Wade and Elmer Waide, Partners, doing business as Terrace Manor Convalescent and Geriatric Care Home, Plaintiffs, v. Elliot L. RICHARDSON, Secretary of the United States Department of Health, Education and Welfare, and Ira L. Myers, State Health Officer for the State of Alabama, Defendants.

United States District Court, M. D. Alabama, N. D.

January 29, 1971.


Attorney(s) appearing for the Case

Charles H. Volz, Jr., Volz, Capouano, Wampold & Prestwood, Montgomery, Ala., and John M. Broeker, Haverstock, Gray, Plant, Mooty & Anderson, Minneapolis, Minn., for plaintiffs.

Ira DeMent, U. S. Atty., and F. E. Leonard, Jr., Asst. U. S. Atty., Montgomery, Ala., for Elliott L. Richardson.

MacDonald Gallion, Ala. Atty. Gen., and Herman H. Hamilton, Capell, Howard, Knabe & Cobbs, Sp. Asst. Atty. Gen., Montgomery, Ala., for Ira L. Myers.


ORDER

JOHNSON, Chief Judge.

Plaintiffs bring this class action on their own behalf and on behalf of all other nursing home operators in the State of Alabama presently participating in the Medical Assistance Programs established by Title XIX of the Social Security Act, 42 U.S.C.A. § 1396 et seq. (hereinafter referred to as "Medicaid" Program). In their complaint, filed with this Court on September 23, 1970,

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