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ALABAMA NURSING HOME ASS'N v. HARRIS

No. 77-3398.

617 F.2d 385 (1980)

ALABAMA NURSING HOME ASSOCIATION, an unincorporated association, James H. Estes Enterprises, Inc., etc. et al., Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1980.

Attorney(s) appearing for the Case

John W. Kelly, III, Stanley B. Sikes, Selma, Ala., for plaintiffs-appellants.

Robert E. Kopp, Robert S. Greenspan, Dept. of Justice, Jeffrey Golland, Dept. of HEW, Washington, D.C., Herman H. Hamilton, Jr., Asst. Atty. Gen., William K. Martin, Montgomery, Ala., for defendants-appellees.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The Alabama Nursing Home Association and nine non-member institutions doing business in the long-term health care industry in Alabama1 sought to enjoin the imposition of a ten percent reduction in Medicaid payments made in Alabama in August and September, 1977. The district court denied the requested relief and the plaintiffs appealed.2 We affirm.

On February 1, 1977, the...

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