BERLIN DEVEL. ASSOC. v. DEPT. OF SOC. WEL.

No. 410-81.

453 A.2d 397 (1982)

BERLIN DEVELOPMENT ASSOCIATES, Bennington Development Associates, Springfield Development Associates, St. Johnsbury Development Associates, and Burlington Convalescent Center, Inc. v. DEPARTMENT OF SOCIAL WELFARE.

Supreme Court of Vermont.

October 18, 1982.


Attorney(s) appearing for the Case

Blum Associates, Inc., Burlington, and Thomas Fox of Pierson, Ball & Dowd, Washington, D.C., for plaintiffs-appellants.

John J. Easton, Jr., Atty. Gen., and Georgiana O. Miranda, Sp. Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before BARNEY, C.J., BILLINGS, HILL and UNDERWOOD, JJ., and LARROW, J. (Ret.), Specially Assigned.


BARNEY, Chief Justice.

This is a breach of contract action in which the plaintiffs appeal from the grant of summary judgment ordered by the Washington Superior Court. We reverse and remand for trial. This long-boiling dispute stems from disagreements between the plaintiffs, five nursing homes participating in the Vermont Medicaid program, and the Department of Social Welfare [hereinafter Department] over the appropriate reimbursement rate for skilled nursing and intermediate...

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