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DRAKE v. SMITH

390 A.2d 541 (1978)

Kenneth L. DRAKE d/b/a Machias Valley Nursing Home, Inc., et al. v. David E. SMITH, Commissioner of Maine Department of Human Services.

Supreme Judicial Court of Maine.

August 31, 1978.

Attorney(s) appearing for the Case

Farris & Foley, P.A., by Ralph W. Farris, Jr. (orally), Augusta, for plaintiff.

Rudman, Winchell, Carter & Buckley by Robert E. Sutcliff, Gene Carter, Bangor, for plaintiffs/intervenors.

Sarah L. Downs (orally), Joseph M. Kozak, Asst. Attys. Gen., Department of Human Services, Augusta, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

WERNICK, Justice.

On July 28, 1970 plaintiff Kenneth L. Drake d/b/a Machias Valley Nursing Home, Inc., commenced a civil action in the Superior Court (Kennebec County) claiming that the named defendant, Dr. Dean Fisher, in his capacity as Commissioner of the department of government of the State of Maine then known as the Department of Health & Welfare, had acted wrongfully in reducing the payments made by his Department to plaintiff's nursing home from $350.00...

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