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LIPSCOMB v. BOWEN

Civ. A. No. 2:87-0333.

750 F.Supp. 197 (1989)

Regina LIPSCOMB, Commissioner, West Virginia Department of Human Services, in her official capacity, Plaintiff, v. Otis BOWEN, Secretary of the United States Department of Health and Human Services; and William L. Roper, M.D., Administrator of the U.S. Health Care Finance Administration; and Maurice Hartman, Acting Regional Administrator for U.S. Health Care Finance Administration, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

June 28, 1989.

Attorney(s) appearing for the Case

Phyllis H. Carter, Asst. Atty. Gen., Charleston, W.Va., Kurt E. Entsminger, Asst. U.S. Atty., James C. Newman, Dept. of Health & Human Services/OCC Region III, Philadelphia, Pa., for defendants.

Michael H. Cook, Wood, Lucksinger & Epstein, Phyllis D. Thompson, Washington, D.C., for West Virginia Health Care Ass'n, amicus curiae.

MEMORANDUM OPINION

DENNIS R. KNAPP, District Judge.

The Court has before it motions for summary judgment filed by each of the parties to the above-styled proceeding. Essentially there is presented by said motions a single issue, the resolution of which is dispositive of this case which has been pending since April 2, 1987. On that date this Court enjoined unilateral action by the United States Department of Health and Human Services that reduced matching...

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