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BATH MEMORIAL HOSP. v. MAINE HEALTH CARE FINANCE COMMISSION

Civ. No. 86-0140-P.

673 F.Supp. 628 (1987)

BATH MEMORIAL HOSPITAL, et al., Plaintiffs, v. MAINE HEALTH CARE FINANCE COMMISSION, et al., Defendants.

United States District Court, D. Maine.

November 9, 1987.

Attorney(s) appearing for the Case

Joseph M. Kozak, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Augusta, Me., and Jay H. Krall, for plaintiffs.

Lucinda E. White, Gordon E. Stein, Charles F. Dingman, Health Care Finance Commission, Augusta, Me., and Suzanne M. Gresser, for defendants.

John P. Doyle, Jr., Portland, Me., and Arlyn H. Weeks, and William F. Julavits, Maine Hosp. Ass'n, Augusta, Me., for Maine Hosp. Ass'n.

Leigh Ingalls Saufley, Sr., Asst. Atty. Gen., Dept. of Human Service, Augusta, Me., and T. Christopher Beach, Asst. Atty. Gen., for Me. Dept. Human Services.

GENE CARTER, District Judge.

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

I. Introduction

This action raises constitutional and statutory challenges to the Maine Health Care Finance Act (the "Act"), 22 M.R.S.A. §§ 381-399 (Supp.1985). Plaintiffs are nine hospitals located within the State of Maine.1 Defendants are the Maine Health Care Finance Commission ("Commission"), a...

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