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TEXAS HEALTH CARE ASS'N v. BOWEN

Civ. No. A-89-CA-045.

710 F.Supp. 1109 (1989)

TEXAS HEALTH CARE ASSOCIATION, a Texas Corporation; ARA Centers of Texas, Inc. v. Otis R. BOWEN, Secretary, Department of Health and Human Services; United States of America; Charles Stevenson, Acting Commissioner of the Texas Department of Human Services; Dennis Jones, Commissioner of the Texas Department of Mental Health and Mental Retardation; Robert Bernstein, Commissioner of the Texas Department of Health.

United States District Court, W.D. Texas, Austin Division.

February 21, 1989.

Attorney(s) appearing for the Case

Charles Herring, Jr., Small, Craig & Werkenthin, Dennis Reese (co-counsel), Small, Craig & Werkenthin, Austin, Tex., for plaintiffs.

Sharon S. Pierce, Asst. U.S. Atty., Jeffrey Golland, Sr. Coordinating Atty., Office of the Gen. Counsel, Dept. of Health & Human Services, Austin, Tex., for Otis R. Bowen, Dept. Health & Human Services.

Toni Hunter, Deputy Chief, General Litigation Div., Austin, Tex., for Dennis Jones, Com'r of the Texas Dept. of Mental Health and Mental Retardation.

Edwin N. Horne, Asst. Atty. Gen., General Litigation Div., Austin, Tex., for Robert Bernstein, Commissioner, and Charles Stevenson, Acting Com'r, of the Texas Dept. of Health.

MEMORANDUM OPINION AND ORDER

NOWLIN, District Judge.

Before the Court is the Plaintiffs' Motion for Preliminary Injunction. In a suit filed January 19, 1989, the Plaintiffs requested temporary injunctive relief, but at the request of the Court, agreed to consolidate that issue with the preliminary injunction hearing. That hearing was held on January 27, 1989, and all parties appeared through counsel. The Court...

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