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GATEWAYS TO BETTER LIVING, INC. v. CREASY

No. 82AP-744.

16 Ohio App. 3d 259 (1984)

GATEWAYS TO BETTER LIVING, INC., APPELLEE, v. CREASY, DIRECTOR OF PUBLIC WELFARE ET AL., APPELLEES; ACKERMAN, DIRECTOR OF HEALTH, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided May 17, 1984.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee and Mr. Rankin M. Gibson, for plaintiff-appellee.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Deborah A. Piperni and Mr. Patrick A. Devine, for defendants-appellees.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Ms. Janet B. Stewart, for appellant.

MOYER, J.

This matter is before us on the appeal of defendant, John H. Ackerman, M.D., Director of Health of Ohio (director), from a judgment of the Court of Common Pleas of Franklin County mandatorily enjoining him to certify for Medicaid reimbursement seven intermediate care facilities operated by plaintiff, Gateways to Better Living, Inc. (plaintiff).

Most of the controlling facts are undisputed. Plaintiff, during the time in question, was a not-for-profit...

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