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MICHIGAN HOSP. ASS'N v. DEPARTMENT OF SOCIAL SERVICES

Civ. No. 82-73279.

555 F.Supp. 675 (1983)

MICHIGAN HOSPITAL ASSOCIATION, a nonprofit Michigan corporation; Children's Hospital of Michigan, a nonprofit Michigan corporation and Edward W. Sparrow Hospital Association, a nonprofit Michigan corporation; individually and on behalf of all others similarly situated, Plaintiffs, v. DEPARTMENT OF SOCIAL SERVICES, an agency of the State of Michigan; and Noble P. Kheder, Director of the Department of Social Services; Department of Health and Human Services, an agency of the United States; and Richard S. Schweiker, Secretary of the Department of Health and Human Services, Defendants.

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

January 7, 1983.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn, James K. Robinson, Detroit, Mich., for plaintiffs.

William K. Basinger, Lansing, Mich., Karl Overman, Asst. U.S. Atty., Detroit, Mich., for defendants.

MEMORANDUM ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

THORNTON, District Judge.

Jurisdiction for the matter under consideration is based on a federal question arising under Title XIX of the Social Security Act, 42 U.S.C. § 1396, et seq., known as "Medicaid", as well as a civil rights claim under 42 U.S.C. § 1983, for which jurisdiction is conferred by 28 U.S.C. § 1343(3), and the Fourteenth Amendment to the United States Constitution. Plaintiffs...

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