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ESTATE OF SMITH v. BOWEN

Civ. A. No. 75-M-539.

656 F.Supp. 1093 (1987)

In re the ESTATE OF Michael Patrick SMITH, et al., Plaintiffs, and People of the State of Colorado, et al., Plaintiffs in Intervention, v. Otis R. BOWEN, et al., Defendants.

United States District Court, D. Colorado.

March 24, 1987.

Attorney(s) appearing for the Case

Kathleen Mullen and John R. Holland, Denver, Colo., for plaintiffs.

Maurice Knaizer, Colorado Atty. General's Office, Denver, Colo., for plaintiffs in intervention.

Shalom Brilliant, U.S. Dept. of Justice, Civil Div., Vicki Shulkin, Office of General Counsel, Dept. of HHS, Washington, D.C., and James R. Cage, Asst. U.S. Atty., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

In this class action brought on behalf of Medicaid recipients residing in nursing homes in the State of Colorado, the Secretary of Health and Human Services (the "Secretary") was ordered to "develop and publish a notice of proposed rule making, consistent with the requirements of the APA, regarding a new survey system which will enable the Secretary to perform the duty prescribed by the Tenth Circuit Court...

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