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HOMEMAKERS NORTH SHORE, INC. v. BOWEN

No. 87-1389.

823 F.2d 174 (1987)

HOMEMAKERS NORTH SHORE, INC., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 1987.

Attorney(s) appearing for the Case

Sanford V. Teplitzky, Ober, Kaler, Grimes & Shriver, Baltimore, Md., Lawrence M. Gavin, Boodell Sears Giambalvo & Crowley, Chicago, Ill., for plaintiff-appellant.

Donna Morros Weinstein, Dept. of Health & Human Services, Chicago, Ill., for defendant-appellee.

Before COFFEY, FLAUM and RIPPLE, Circuit Judges.

PER CURIAM.

The Secretary has filed a motion asking that this court dismiss the appeal on the authority of Foremost Sales Promotions, Inc. v. Director, Bureau of Alcohol, Tobacco and Firearms, 812 F.2d 1044 (7th Cir.1987). This case is clearly distinguishable. The minute order states: "The Secretary is granted summary judgment. Plaintiff's cross-motion for summary judgment is defined [sic]. Pretrial conference and trial dates...

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