EXTENDICO PROFESSIONAL CARE-TROY, INC. v. U.S. DHHS

No. 88-3324.

698 F.Supp. 748 (1988)

EXTENDICO PROFESSIONAL CARE-TROY, INC. Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; Dorothy Burk Collins, Acting Associate Regional Administrator, Division of Health Standards & Quality, Department of Health & Human Services, Defendants.

United States District Court, S.D. Illinois.

June 3, 1988.


Attorney(s) appearing for the Case

James W. Morris and Michael R. Twomey, Barrett, Twomey, Morris, Broom & Hughes, Carbondale, Ill., for plaintiff.

Laurence Gilbert and Susan Balter, Asst. Regional Attys., Dept. of Health & Human Services, Chicago, Ill., Robert L. Simpkins, Asst. U.S. Atty., East St. Louis, Ill., for defendants.


MEMORANDUM AND ORDER

STIEHL, District Judge:

Before the Court is defendants' Motion to Dismiss filed pursuant to Fed.R.Civ.P. 12(b). The defendants state that this Court lacks subject matter jurisdiction over this case, and that the plaintiff has failed to state a claim on which relief may be granted. The plaintiff has stated that 42 U.S.C. § 405(g) provides this Court with jurisdiction over this case.

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