OULTON v. BOWEN

No. CIV-87-1238C.

674 F.Supp. 429 (1987)

Patricia T. OULTON, as Executive Director of the Buffalo Psychiatric Center; Buffalo Psychiatric Center: Bruce E. Feig, as Acting Commissioner of the New York State Office of Mental Health; Office of Mental Health of the State of New York; and the State of New York, Plaintiffs, v. Otis BOWEN, Secretary of Health and Human Services of the United States; United States Department of Health and Human Services; Health Care Financing Administration of the United States Department of Health and Human Services; William Roper, Administrator, Health Care Financing Administration; and Annemarie Schmidt, Director, Survey and Certification Operations Branch, Division of Health Standards and Quality, Health Care Financing Administration, Defendants.

United States District Court, W.D. New York.

As Amended February 18, 1988.


Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y. (Douglas S. Cream, and Andrew Lipkind, Asst. Attys. Gen., of counsel), Buffalo, N.Y., for plaintiffs.

Department of Health and Human Services (Robert Wanerman, Asst. Regional Counsel, Office of General Counsel), New York City, and Roger P. Williams, U.S. Atty. (Denise E. O'Donnell, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendants.


CURTIN, Chief Judge.

On September 29, 1987, this court granted plaintiffs' motion for a temporary restraining order to prevent defendants from terminating the participation of the Buffalo Psychiatric Center [BPC] in the federally funded Medicare Program (Item 6). By stipulation, the parties agreed to extend the temporary restraining order until October 20, 1987, to afford the court an opportunity to consider the jurisdictional issues raised by defendants in their...

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