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VIRGINIA HOSP. ASS'N v. BALILES

No. 86-2171.

830 F.2d 1308 (1987)

The VIRGINIA HOSPITAL ASSOCIATION, Plaintiff-Appellant, v. Gerald L. BALILES, Governor of Virginia; Eva S. Teig, Secretary of Human Resources of Commonwealth of Virginia; Ray T. Sorrell, Director, Medical Assistance Service; Bette O. Kanter, Member State Board of Medical Assistance Services; Joseph M. Teefy, Member State Board Medical Assistance Services; R. Michael Berryman, Member State Bar of Medical Assistance Services; Ford Tucker Johnson, Sr., D.D.S. Member, State Board of Medical Assistance Services; A. Epes, Jr., Medical Doctor; Ruth Hanft, Member State Board of Medical Assistance Services; Patricia E. Sloan, R.N., Ed.D. Member, State Board of Medical Assistance Services; Jordan H. Goldman, Member State Board of Medical Services; Robert N. Lambeth, Jr., Member State Board of Medical Assistance Service; Elsa A. Porter, Member State Board of Medical Assistance Services; John N. Simpson, Member State Board of Medical Assistance Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1987.

Attorney(s) appearing for the Case

Martin Andrew Donlan, Jr. (John William Crews, Peter M. Mellette, Crews & Hancock, Richmond, Va., on brief), for plaintiff-appellant.

Roger Lewis Chaffe, Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Virginia, R. Claire Guthrie, Deputy Atty. Gen., Pamela M. Reed, Asst. Atty. Gen., Richmond, Va., on brief), for defendants-appellees.

Before WIDENER, PHILLIPS, and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Plaintiff Virginia Hospital Association ("VHA") appeals from the district court's grant of summary judgment in favor of the defendant officials of the Commonwealth of Virginia in this case challenging the administration of Virginia's Medicaid program. The district court granted summary judgment for the defendants on the ground that VHA was collaterally estopped to litigate the issues raised in its complaint. Because we believe that application...

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