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COOS BAY CARE CENTER v. STATE OF OR., D. OF HUMAN

No. 85-4049.

803 F.2d 1060 (1986)

COOS BAY CARE CENTER, an Oregon corporation; Hannah Schwanke, Guardian Ad Litem for David and Steven Schwanke, et al., Plaintiffs-Appellants, v. STATE OF OREGON, DEPARTMENT OF HUMAN RESOURCES; Richard C. Ladd, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1986.

Attorney(s) appearing for the Case

Donald W. Lojek, Lojek & Hall, Boise, Idaho, for plaintiffs-appellants.

Philip Schradle, Asst. Atty. Gen., James E. Mountain, Jr., Dept. of Justice, Salem, Or., for defendants-appellees.

Before WRIGHT, GOODWIN, and NELSON, Circuit Judges.

GOODWIN, Circuit Judge:

A long-term health-care facility and several of its patients sued state defendants complaining that the state was violating both state laws and Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396q (1982 & Supp. III 1985). The Senior Services Division of the State of Oregon withheld from plaintiffs certain "heavy-care" Medicaid payments and reimbursements. The district court dismissed the action for failure to state a...

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