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HILLHAVEN CORP. v. WIS. DEPT. OF HEALTH & SOC. SERV.

No. 83-1726.

733 F.2d 1224 (1984)

The HILLHAVEN CORPORATION, a Tennessee Corporation, d/b/a, Mt. Carmel Care Center, et al., Plaintiffs-Appellees, v. WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Linda Reivitz, Secretary, Wisconsin Department of Health and Social Services, and Charles P. Smith, Treasurer, State of Wisconsin, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1984.

Attorney(s) appearing for the Case

F. Thomas Creeron, III, Wisconsin Dept. of Justice, Madison, Wis., for defendants-appellants.

Malcolm J. Harkins, III, Casson, Calligaro & Mutryn, Beverly Hills, Cal., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, and CUDAHY, Circuit Judge, and MAROVITZ, Senior District Judge.

PER CURIAM.

Hillhaven Corporation, a Tennessee corporation which owns and operates fourteen nursing home facilities in Wisconsin, challenged the constitutionality of a Wisconsin statute which delayed any increases in Medicaid reimbursement rates for Medicaid providers for the first three months of 1983. The district court, which had previously ruled that the Wisconsin statute was unconstitutional in a suit brought by the Wisconsin Hospital Association and several...

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