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ROSS v. STATE OF WISCONSIN DEPT. OF HEALTH & SOCIAL SERV.

No. 72-C-136.

369 F.Supp. 570 (1973)

Regina ROSS, d/b/a Waupaca Rest Home, a proprietorship, Individually and on behalf of all other Wisconsin Nursing Homes whether corporately or Individually owned, similarly situated, Plaintiffs, v. The STATE OF WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES and Wilbur Schmidt, Secretary of the Department of Health and Social Services, Defendants.

United States District Court, E. D. Wisconsin.

October 30, 1973.

Attorney(s) appearing for the Case

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

Robert W. Warren, Atty. Gen. of Wisconsin by Ward L. Johnson, Madison, Wis., for defendants.

Before FAIRCHILD, Circuit Judge, REYNOLDS, Chief District Judge, and GORDON, District Judge.

DECISION AND ORDER

PER CURIAM.

This class action seeks to have § 146.30(3)(c) of the Wisconsin statutes and certain administrative rules thereunder declared unconstitutional. Further application and enforcement of the statute is sought to be enjoined. The plaintiffs have, in effect, moved for judgment on the pleadings; the defendants have conceded that resolution by such method is proper, since the only...

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