IDAHO HEALTH CARE ASS'N v. SULLIVAN

Civ. No. 88-1425.

716 F.Supp. 464 (1989)

IDAHO HEALTH CARE ASSOCIATION, an Idaho corporation; Idaho Hospital Association, an Idaho corporation; Bingham Memorial Hospital; Sandpoint Manor, a corporation; Homedale Care Center, a corporation; Idaho Falls Good Samaritan Nursing Center, a corporation; Edna Poindexter, an individual; Ross Kessler, an individual; John A. Doe, John B. Doe, Jane A. Doe, and Jane B. Doe, Individuals, Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, United States of America; Richard Donovan, Director, Idaho Department of Health and Welfare, Defendants.

United States District Court, D. Idaho.

May 11, 1989.


Attorney(s) appearing for the Case

Donald W. Lojek, Bradley H. Hall and Joseph D. McCollum, Jr., Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for plaintiffs.

Jim Jones, Atty. Gen., and Michael DeAngelo, Deputy Atty. Gen., Dept. of Health and Welfare, Boise, Idaho, for defendant Richard Donovan.

Celeste K. Miller, Asst. U.S. Atty., Boise, Idaho, and Susanne Lee, Office of General Counsel, Dept. of Health & Welfare, Washington, D.C., for defendant Bowen.


MEMORANDUM DECISION

CALLISTER, District Judge.

The Court has before it plaintiffs' motion for preliminary injunction. The Court heard evidence and argument and is now prepared to submit its written findings. This memorandum decision shall constitute the Court's findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).

FINDINGS OF FACT

On December 28, 1988, plaintiff Idaho Health Care Association (IHCA), representing approximately...

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