WASH. ST. HEALTH FAC. v. ST. OF WASH. DEPT.

No. CA 81-3281.

698 F.2d 964 (1982)

WASHINGTON STATE HEALTH FACILITIES ASSOCIATION, a Washington corporation; Ulysses and Virginia Rowell, Jr., a marital community; Philip and Beverly Gayton, a marital community; Triple C Convalescent Centers, a partnership; and Andrew Branch, Plaintiffs-Appellees, v. STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES, and Gerald Thompson, Secretary, Washington State Department of Health Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1982.


Attorney(s) appearing for the Case

Charles F. Murphy, Olympia, Wash., for defendants-appellants.

Stephen B. Johnson, Garvey, Schubert, Adams & Barer, Seattle, Wash., for plaintiffs-appellees.

Before WRIGHT, TANG and CANBY, Circuit Judges.


PER CURIAM:

The Secretary of Washington State Department of Social and Health Services (DSHS) appeals from an order of the district court enjoining the Secretary from enforcing a state regulation that conflicts with the federally approved Washington State Medicaid Plan, until such time as HEW1 approves an amendment to the state plan. The state regulation at issue deviates from the official state...

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