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BETHANY MEDICAL CENTER v. HARDER

No. 85-2415.

641 F.Supp. 214 (1986)

BETHANY MEDICAL CENTER, Plaintiff, v. Dr. Robert C. HARDER, Secretary of Kansas Department of Social and Rehabilitation Services, Defendant & Third-Party Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES and Otis R. Bowen, Secretary of Health & Human Services, Third-Party Defendants.

United States District Court, D. Kansas.

June 30, 1986.

Attorney(s) appearing for the Case

Mary Beth Blake, Reid F. Holbrook, Holbrook & Ellis, P.A., Kansas City, Kan., for plaintiff.

Matthew W. Boddington, Legal Div., State Dept. of Social and Rehabilitation Services, Topeka, Kan., for Harder.

Benjamin L. Burgess, Jr., U.S. Atty., Robert A. Olsen, Asst. U.S. Atty., Kansas City, Kan., Kristi A. Schmidt, Dept. of Health & Human Services, Kansas City, Mo., for Health & Human Services and Heckler.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is presently before the court on the third-party defendants' motion to dismiss the third-party complaint for failure to state a claim upon which relief may be granted. For the reasons discussed below, the third-party complaint will be dismissed.

This is an action for declaratory and injunctive relief, in which plaintiff Bethany Medical Center seeks to prevent defendant Dr. Robert C....

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