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BOTTOMLEY v. DIV OF ADMINISTRATIVE LAW APPEALS

22 Mass. App. Ct. 652 (1986)

496 N.E.2d 458

CORNELIUS A. BOTTOMLEY & others vs. DIVISION OF ADMINISTRATIVE LAW APPEALS & another.

Appeals Court of Massachusetts, Suffolk.

August 18, 1986.

Attorney(s) appearing for the Case

Kenneth A. Behar for the plaintiffs.

Despena Fillios Billings, Assistant Attorney General, for Division of Administrative Law Appeals & another.

Present: GREANEY, C.J., ARMSTRONG, & BROWN, JJ.

ARMSTRONG, J.

The plaintiffs, owners of a nursing home which opened July 15, 1975, appealed from the Rate Setting Commission's determination of a per diem rate at which the nursing home would be reimbursed for publicly aided patients in 1978. The plaintiffs' contention is that the commission's methodology did not make adequate provision for the recovery of start-up losses that they allege resulted from the staggered licensing procedure mandated by the Department of...

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