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COALITION OF MICH. NURSING HOMES, INC. v. DEMPSEY

Civ. A. Nos. 81-70786, 78-71984.

537 F.Supp. 451 (1982)

COALITION OF MICHIGAN NURSING HOMES, INC., Four Chaplins Convalescent Center, Inc., Cadillac Nursing Home, Inc., Clintonview Care, Inc., Northwest Care Center, Inc., and That Class Consisting of All Nursing Homes Similarly Situated, Plaintiffs, v. Dr. John DEMPSEY, Director, Department of Social Services, or his Successor, State of Michigan, and Department of Social Services, State of Michigan and Richard Schweiker, Secretary, Department of Health and Human Services, or his Successor, and Department of Health and Human Services, Defendants.

United States District Court, E. D. Michigan, S. D.

March 1, 1982.

Attorney(s) appearing for the Case

Gasper J. Gammicchia, Harper Woods, Mich., John A. Cook, Alexander J. Lelli, Jr., Birmingham, Mich., for plaintiffs.

Robert N. Rosenberg, Asst. Atty Gen., Lansing, Mich., Ellen G. Ritteman, Asst. U. S. Atty., Detroit, Mich., for defendants.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

PHILIP PRATT, District Judge.

I. INTRODUCTION

Jurisdiction for plaintiffs' Motion for Preliminary Injunction is based on a federal question arising from Title XIX of the Social Security Act of 1935, as added July 30, 1965, popularly known as Medicaid. Plaintiffs are Coalition of Nursing Homes, a non-profit association of Long Term Care Facilities (LTCF) in Michigan...

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